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SCHOOL LA.W 



OF TIIR 



STATE OF INDIANA, 



WITH 



EXPLANATIOI^S, INSTRUCTIONS, AND FORMS OF PROCEEDING. 



PREPARED BY THE 

SUPERINTENDENT OF PUBLIC INSTPvUCTION. 



MARCH, 1853. 




^ 



SCHOOL LAW 



OF THE 



STATE Of IIDIANA; 



WITH EXPLANATIONS, INSTRUCTIONS, AND FORMS 
OF PROCEEDING. 



PREPARED BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



»it«^lo 



y-v^i U^Z^J-:). , ^M. 



INDIANAPOLIS: 

J. P. CHAPMAN, STATE PRINTER, 
1853. 



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MAY 2 6 1J13 



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T OnnCK OJP SUPEUIKTEXDKKT OT PuBLIC IkSTRUOTION,) 

Indianapolis, May 1,1853. J 

In compliance with law, I hare caused to be printed for distribution among the 
school townships, and to the school officers, and among the people generallj, the 
act to provide for a general and uniform system of Common Schools, together with 
the act araendatorj thereof and supplemental thereto, and with explanations, instruc- 
tions, forms and regulations for making the reports, and conducting the proceedings 
concerning schools. 

In the explanations, instructions and forms, I have endeavored to avoid all techni- 
cal language, and to make the duty of every school officer, and the form of every 
necessary proceeding, as plain and simple as possible. 

Should, however, any persoM interested in schools find obscurities in the law not 
relieved by the accompanying notes and explanations, and difficulties in conducting 
educational proceedings not removed by the instructions and forms, he is invited to 
correspond freely with this office, where all letters of inquiry will receive as early 
attention, and as prompt answer, as circumstances will admit. 

The school system of this State, when fully developed according to the spirit of 
the law, will prove, we are fully assured, admirably adapted to the circumstances and 
tastes of our people. The lavi^ cannot be changed for the next two years. During 
that time every effi)rt will be made to develope fairly, and with as perfect symmetry 
as possible, the admirable system for which the law provides. The Superintendent 
will issue from the office, whenever circumstances require, tracts, circulars and 
instructions, and he will visit, during his term of office, every county in the State, 
and collect all the information possible relative to the practical workings, the excel- 
lencies and the defects of the law. 

All the facts bearing on the subject will be laid before the Greneral Assembly at it« 
next session, in January, 1855. If, then, any defects be found in the system, they 
can be repaired ; if any difficulties protrude in the way, they can be removed ; and if 
excellencies exhibit themselves, they will be appreciated. We hope, therefore, all 
who feel interested in the educational reputation and character of the State, will 
cheerfully render their utmost aid in securing the success of the enterprise in which 
we are engaged. 

W. C. LARRABEE, 

Superintendent. 



AN ACT 

To provide for a general and uniform system of Common Schools, 
and School Libraries, and matters properly connected therewith. 



Section 1. Be it enacted by the General Assembly of the State of 
Indiana: That there shall be annually assessed and collected, as the 
State and county revenues are assessed and collected; first, on the 
list of property taxable for State purposes, the sum of ten cents 
on each one hundred dollars. 

Sec. 2. The funds heretofore known and designated as the con- 
gressional township fund, the surplus revenue fund, the county com- 
mon school fund, and all funds heretofore appropriated to common 
schools, the saline fund, the bank tax fund, shall, together with the 
fund which shall be derived from the sale of the county seminaries, 
and the property belonging thereto, from the fines assessed for 
breaches of the penal laws of the State, and from all forfeitures 
which may accrue, all lands and other estates which shall escheat to 
the State for want of heirs or kindred entitled to the inheritance, 
all lands which have been or may hereafter be granted to the State, 
where no special purpose is expressed in the grant, and the proceeds 
of the sales thereof, including the proceeds of the sales of the swamp 
lands granted to the State of Indiana by the act of Congress of 28 th 
September, 1850, and deducting the expense of selecting and drain- 
ing the same, the taxes which may from time to time be assessed 
upon the property of corporations for common school purposes, the 
fund arising from the one hundred and fourteenth section of the 
charter of the State Bank of Indiana, and unreclaimed fees as pro- 
vided by law, shall be denominated the common school fund, the in- 
come of which, together with the taxes mentiorfed and specified in 
the first section of this act, shall be applied to the support of com- 
mon schools. 



6 

Sec. 3. The several counties of this State shall be held liable for 
the preservation of said fund, and the payment of the annual inter- 
est thereon, at the rate established by law. 

Sec. 4, Each civil township in the several counties of this State^ 
is hereby declared a township for school purposes, and the trustees 
of such township are hereby declared to be trustees also for school 
purposes, and their clerk and treasurer shall be the clerk and treas- 
urer for school purposes also. 

Sec. 5. Such clerk shall keep a record of the proceedings of 
such board of trustees, and discharge such duties as may from 
time to time be required of him. 

Sec. 6. The treasurer shall give an official bond for the use of 
the township, in such sum and with such surety as may be approved 
by such board. 

Sec. 7. Such treasurer shall collect all rents and debts belong- 
ing to his township, receive from the county treasurer all sums 
apportioned to his township for educational purposes, or which 
raay be raised by any tax voted by the inhabitants of his township 
for any purpose authorized by this act, and pay out the same ac- 
cording to the orders of such board. He shall keep accurate ac- 
counts of his receipts and expenditures, and settle with the board 
of trustees once in each year, and oftener, if required, and dis- 
charge all other duties required of him. 

Sec. 8. Such board shall take charge of the educational affairs 
of the township, employ teachers, and visit the schools, either as a 
board or by one of their number, at least twice during each term 
thereof. 

Sec. 9. They shall cause to be prepared a map of their town- 
ship, on which shall be marked, annually, the residence of the 
scholars in such township, within the ages prescribed by law. 
They shall also establish and conveniently locate in said township 
a sufficient number of schools for the education of the children 
therein. 

Sec. 10. They shall have charge of all school houses, make con- 
tracts for the building and repair thereof, and provide suitable furni- 
ture and fuel. They shall at the annual towr.ship meeting, exhib- 
it a complete account of receipts and expenditures during the year 
preceding such annual meeting, and an estimate by items of the 
probable amount required for building and repairing school houses, 
furniture, fuel and apparatus, for the action of the township, and 
at such meeting the trustees shall exhibit an account of the num- 
ber of days each has been employed during the year in the dis- 
charge of his duty as such trustee, who shall be entitled to receive 
one dollar per day for the time actually spent in the school affairs 
of their township. 

Sec. 11. They shall present, for the decision of such meeting, 
the erection or removal to a more eligible site, of any school house, 
with plans and probable expenses of any new one, or of removal: 



Provided^ however^ That in case no provision is made by such 
meeting for building, removing, repairs, furniture or fuel, such trus- 
tees may provide therefor out of any funds in their hands. 

Sec. 12. They shall, on or before the 20th day of September, 
in each year, make an enumeration of the children within their 
respective townships, between the ages of seven and seventeen 
years, distinguishing between seven and twelve, and twelve and 
seventeen; and shall ascertain, by enquiry, to which school parents 
and guardians desire to send, and shall enrol accordingly for one 
year, and furnish to each teacher a list of children assigned to him. 
Sec. 13. When persons can be better accommodated at the 
school of an adjoining township, the trustees of the township in 
which such persons reside, shall transfer them for educational pur- 
poses to such adjoining township, and notify the trustees of the 
same of such transfer; and in any enumeration, the children of 
such persons shall be regarded as belonging to the township to 
which they have been transferred; and such persons shall, for edu- 
cational purposes, be voters in such adjoining township only. 

Sec. 14. They shall require each common school teacher to file 
with the clerk of such board, at the expiration of each school term, 
a complete report, verified by affidavit, of the number of scholars 
admitted during such term, distinguishing between male and female, 
and between the ages of five and twelve, and twelve and twenty- 
one years, the average attendance, books used, branches taught, 
and number of pupils engaged in the study of each branch; and 
until such report shall have been so filed, such ti'ustees shall make 
no payment to such teacher for services. 

Sec. 15. They shall present, at the annual township meeting, a 
statement exhibiting the number of children in the township be- 
tween the ages of seven and seventeen years, distinguishing be- 
tween male and female, and between the ages of seven and twelve, 
and twelve and seventeen years, the number of schools, the num- 
ber of teachers, male and female, and the number of children, male 
and female, who have attended school during the past year, distin- 
guishing between those above and those below the age of twelve, 
the average attendance, length of school term, compensation of 
teachers, male and female, amount of public funds apportioned to 
the township, additional amount raised by vote of the township, 
appraised value of real and personal property of such township, 
condition of school houses and furniture, and estimated value there- 
of, number and condition of books in the library, value and condi- 
tion of school apparatus, and a complete statement by items of 
their expenditures. 

Sec. 16. In visiting schools they shall examine the mode of 
teaching, government, books used, adaptation of school houses and 
furniture, the comfort and health of the scholars; condition of such 
school houses and furniture, and all matters connected with the 
comfort and efficiency of the schools. 



8 

Sec. 17. They may dismiss teachers for incompetence, immor- 
ality or neglect of duty, and suspend from the privileges of school 
any pupil found guilty of disorderly conduct, which suspension 
shall not extend beyond the current session, nor shall such dismis- 
sal prejudice the claim of a teacher for services rendered prior to 
the time of dismissaL 

Sec. is. Whenever a majority of the parents or guardians of 
the pupils attending a school shall present to the trustees of the 
proper township, a complaint in writing of the misconduct, in- 
efficiency or incompetency of the teacher, such trustees shall forth- 
with investigate the cause of complaint, and if such complaint be 
properly sustained, shall dismiss the teacher. 

Sec. 19. Such board may establish graded schools or a modifi- 
cation thereof, where such establishment is practicable and conve- 
nient, and in such case they sha-1 so clasify the children of their 
township, as to secure to all equitable participation in the advanta- 
ges thereof. 

Sec. 20. They shall on or before the first day of October in 
each year, furnish to the county auditor and State Superintendent, 
a full report of their proceedings, embracing all the information 
contained in the statement which they are required by this act to 
make to the annual township meeting, and also stating the number 
of select schools in the township, so far as the same can be ascer- 
tained, with the number of pupils, their ages and sex, and branches 
taught; and the average wages of teachers both in the public and 
in the select schools. 

Sec. 21. They may call a special meeting of the voters of the 
township, whenever in their opinion the interest of the township 
requires it, giving twenty days' notice thereof: and they shall call 
such meeting, when required in writing to do so by twenty of the 
voters of the township; whenever a special meeting is called, the 
notice shall specify time, place, and object, and be set up in three 
public places in the township. 

Sec. 22. Whenever a township tax shall be voted for school 
purposes, such trustees shall make out and file with the county au- 
ditor a list of so much of the taxable property in the township, 
with the names of the owners thereof, as belongs to such persons 
as may have been transferred for educational purposes to an ad- 
joining township, and also to such persons as may, for the same 
purposes, have been transferred to the township, which shall be sit- 
uate in the township of such persons' residence, unless the same 
be in an adjoining county. 

Sec. 23. The auditor shall take for his guide the assessment of 
the property of the township for State and county purposes, de- 
ducting therefrom the property of persons transferred to another 
township, and adding thereto the property of persons transferred 
from other townships, and shall make the proper assessment there- 
of in the same manner as for State and county revenue, shall add 



the amount of said tax to his duplicate in an appropriate column, 
and the said taxes shall be collected by the county treasurer as 
other revenues, and the said treasurer shall pay the same, upon the 
■warrant of the auditor, to the treasurer of the proper township. 

Sec. 24. Every person transferred for educational purposes to 
a township of an adjoining county, shall pay to the treasurer of 
such township a sum equal to the tax voted by such township, 
computing the same upon the property of such person in the town- 
ship where he resides, according to the valuation thereof by the 
proper assessor, and in default of such payment shall be debarred 
from educational privileges in the township to which he may have 
been transferred, and the trustees of the said township shall noti- 
fy the trustees of the township in which he resides, of such exclu- 
sion. 

Sec. 25. Tax payers may pay such special tax at any time to 
the township treasurer, whose receipt shall be received by the 
county treasurer as evidence of payment. 

Sec. 26. When any board of trustees shall neglect to file with 
the county auditor an enumeration of the children of the township 
as hereinbefore provided, the county auditor shall employ a com- 
petent person to take the same, and allow a reasonable compensa- 
tion for such services, and shall proceed to recover the same, in 
the name of the State of Indiana, for the use of common schools, 
by action against the said trustees, in their individval capacity; and 
in such suit such auditor shall be a competent witness. A copy of 
such enumeration shall forthwith be forwarded by the auditor to 
the State Superintendent. 

Sec. 27. If a township trustee fail to discharge any of the du- 
ties of his office, any person may maintain an action against him 
for every such offence, in the name of the State of Indiana, and 
may recover for the use of the common school fund, any sum not 
exceeding ten dollars. 

Sec. 28. Any person elected or appointed a township trustee, 
who shall fail to qualify and serve as such, shall pay the sum of five 
dollars, to be recovered as specified in the preceding section for the 
use therein named. 

Of the Distribution of School Funds, 

Sec 29. The State Superintendent shall, annually, by the third 
Monday in February, in each year, make out a statement showing 
the number of scholars in each county of the State, the amount of 
funds in the hands of county treasurers i6\: distribution, and the 
proportional amount to which each county is entitled, and shall 
file the same with the Auditor of State, who shall arrange the 
necessary transfers between the counties; and in case it shall be 
found inconvenient to draw upon those counties having an excess, 
in favor of those counties having a deficiency, the county treasu- 



10 

rer, (on being thereto requested by the Treasurer of State,) shall 
pay such excess into the State treasury; and to enable him to make 
such distribution, county treasurers, at the time of making their 
annual settlement, shall furnish to the State Superintendent a state- 
ment of money in their hands. 

Sec. 30. The vState Superintendent shall inform all county au- 
ditors of the sum to which their county is entitled, and also a state- 
ment of the amount to be distributed to each of the incorporated 
cities, towns or townships of such counties, according to the num- 
ber in each. 

Sec. 31. County treasurers shall annually, on the fourth Mon- 
day of March, make distribution in accordance with such annual 
statement, of the fund applicable to school purposes, upon warrant 
of the county auditor, by paying the same to treasurers of incor- 
porated cities, towns, and townships of the county. 

Sec. 32. Incorporated cities and towns shall constitute school 
corporations, independent of the townships in which they may be 
situated, and shall be entitled to the proportional amount oi school 
funds to which the number of children between the ages prescribed 
by law will entitle them; and shall, by trustees elected by the peo- 
ple, or by officers appointed by the corporation, perform all the du- 
ties required of township trustees, — prepare and file with the coun- 
ty auditor all the reports required of, and be subject to all the lia- 
bilities of such trustees, — shall have power, by a vote of the quali- 
fied voters of such corporation, or by an ordinance, to levy taxes 
for the support of their schools, after the public funds shall have 
been exhausted, — for the building, repairing and hiring of school 
houses, — for the purchase or leasing ground therefor, — for the fur- 
nishing thereof, — for the establishment or increase of school libra- 
ries, and for all other incidental expenses. They shall have power 
to establish graded schools, and generally to do and perform all 
other acts which, by this act, are authorized to be done and per- 
formed by township trustees: Provided^ however, That in case any 
school district within the limits of such city or town, shall have 
heretofore contracted debts for school purposes, the said city or 
town shall make provisions for the payment thereof. The same 
transfers may be made for educational purposes from the neigh- 
borhood of any such city or town, to such city or town, and on 
the same terms and conditions as are hereinbefore provided in rela- 
tion to transfers from one township to another. 

Of the Investment of the Common School Fund. 

Sec. 33. The principal of all moneys belonginsi to the common 
school fund, and received into the county treasury, shall be loaned, 
and the interest paid for the support of schools, as provided in 
this act. 

Sec. 34. Such loans shall be made by the county auditor, who 



II 

shall inform himself of the value of all real estate offered in pledge, 
and shall judge the validity of the title thereof; and all persons ap- 
plying for a loan, shall produce to said auditor title papers, show- 
ing a clear title in fee simple, without incumbrance, and not de- 
rived through any executor's or administrator's sale, or sale on ex- 
ecution, or sale for taxes. 

Sec. 35. The trustees shall appraise any lands offered in mortgage. 

Sec. 36. Such appraisers first being officially sworn, shall ex- 
amine and appraise such land, and sign and give to the applicant a 
certificate, setting forth the fair cash value thereof at the time, 
without taking into consideration perishable improvements — the 
number of acres, and a description of the same by numbers of 
congressional divisions, or of recorded lots, or by metes and 
bounds. 

Sec. 37. In making such loans, preference shall be given to the 
inhabitants of the county, if the security be adequate; and the 
money shall be loaned equally among the different townships, if 
there are applicants in said townships* 

Sec. 38. No land shall be received as security, unless situated 
in the county where the loan is made. 

Sec. 39. The amount loaned to any person or company, shall 
not exceed three hundred dollars. 

Sec. 40. The person applying for a loan, shall file with the audi- 
tor the certificate of the clerk and recorder, showing that there is 
no incumbrance on said land in either of their offices. 

Sec 41. Such person shall also make oath to the truth of an ab- 
stract of his title, and that there is no incumbrance or better claim, 
that he knows of. 

Sec 42. No such loan shall be made for a longer term than five 
years. 

Sec 43. The sum loaned shall not exceed one-half of the ap- 
praised value of the premises to be mortgaged, clear of all perish- 
able improvements. 

Sec 44. The auditor shall have power to administer all oatlis, 
^^nd take all acknowledgments required by this act. 

Sec 45. Mortgages taken for such loans, shall be considered as 
of record from the date thereof, and shall have priority of all mort- 
gages or conveyances not previously recorded, and of all other 
liens, not previously incurred, in the county where the land lies. 

Sec 46. The auditor shall cause such mortgages to be recorded, 
with due diligence, retaining the cost of recording out of the mon- 
ey borrowed. 

Sec 47. The rate of interest required, shall be seven per cent, 
per annum, payable annually in advance. 

Seg. 48. On failure to pay any instalment of interest, when 
the same becomes due, the principal sum shall forthwith become 
due, and payable, and the note and mortgage may be proceeded an„ 
and the money collected. 



Sec. 49. The mortgage may be in substance as follows, to-wit: 

I, A. B., of the county of , in the State of Indiana, do 

mortgage to the State of Indiana, all, [^^ere describe the land^ for 

the payment of dollars, with interest at the rate of seven 

per cent, per annum, payable in advance, according to the condi- 
tions of the note hereto annexed. 

Sec. 50. The note accompanying the same may be in substance 
as follows, to-wit: 

I, A. B., promise to pay to the State of Indiana, on or before the 

, the sum of , with interest thereon at the rate 

of seven per cent, per annum, in advance, commencing on the 

day of "f 18 — ; and do agree that, in case of failure 

to pay any instalment of said interest, the principal sum shall be- 
come due, and payable, together with all arrears of interest; and 
on failure to pay such principal or interest when due, two per 
cent, damages shall be collected, with costs, and the premises mort- 
gaged may be forthwith sold by the county auditor, for the pay- 
ment of such principal sum, interest, damages and costs. 

Sec. 51. On making loan of any such fund, the auditor shall 
draw his warrant in favor of the borrower upon the county treas- 
urer, who shall charge it to the fund. 

Sec. 52. All loans refunded, and all interest, shall be paid to 
the county treasurer, and his receipt shall be filed with the county 
auditor, who shall give the payer a quietus therefor, and make the 
proper entries. 

Sec. 53. Whenever the amount due on any mortgage shall be 
paid, and the treasurer's receipt filed therefor, the auditor shall en- 
dorse on the note and mortgage that the same have been fully sat- 
isfied, and surrender the same to the person entitled thereto, and 
on the production of the same, thus endorsed, the recorder shall 
enter satisfaction upon the record. 

Sec. 54. When the interest or principal of any such loan shall 
become due, and lemain unpaid, the auditor shall proceed to collect 
the same by suit on the note, or by sale of the mortgaged premi- 
ses, or both, at his option; he may, also, by action of ejectment, 
obtain possession of the mortgaged premises. 

Sec. 55. In c:ise of suit on the note, and judgment thereon, no 
appraisement of property shall be allowed. 

Sec. 5(5. Before sale of mortgaged premises, the auditor shall 
advertise the same in some newspaper published in the county 
where the land lies, if any there be; otherwise, in a paper in the State 
nearest thereto, for three weeks successively, and also by notices set 
up at the court house door, and in three public places in the town- 
ship in which the land lies. 

Sec. 57. At such sale, which shall be held at the court house 
door, the auditor shall sell so much of the mortgaged premises, to 
the highest bidder, for cash, as will pay the amount due for princi- 
pal,, interest^ damages and costs. 



13 

Sec. 58. In case of no bid for the amount due, the auditor shall 
bid in the same on account of the fund, and as soon thereafter as 
may be, shall sell the same to the highest bidder, for cash, or on a 
credit of five years, interest at seven per cent, per annum being 
payable annually in advance. 

Sec. 59. Such sale may be in parcels, but shall not be for less 
than the amount chargeable on said land; and if lafiore, the over- 
plus shall be paid to the mortgagor, his heirs or assigns. 

Sec. 60. The treasurer shall attend and make a statement of 
such sales, which shall be signed by the auditor and treasurer, and 
after being recorded in the auditor's office, shall be filed in the 
treasurer's office, and such record, or a copy thereof, authenticated 
by the auditor's or treasurer's certificate, shall be received as evi- 
dence of the matters therein contained. 

Sec. 61. The deeds shall be executed by the county auditor, and 
shall be entered on the books of the county treasurer, before de- 
livery. 

Sec. 62. When any land is bid off by the auditor, at such sale, 
no deed need be made therefor to the State, but the statement of 
such sale, and the record thereof made, shall vest the title in the 
State, for the use of the fund. 

Sec. 63. Annual reports of the operations of their respective 
officers, in regard to loans, and payments for school purposes, and 
to all moneys received on account of the common school fund, 
shall be made by the county treasurer and auditor to the board of 
county commissioners, at the first session after the first day of 
March. 

Sec. 64. Forms and modes of book-keeping for said offices shall 
from time to time be prescribed by the Auditor of State. 

Sec. 65. The board of county commissioners shall annually, at 
their March session, in the presence of the county auditor and 
treasurer, examine the accounts and proceedings of such officers 
in relation to said fund; they shall also inquire into the safety of 
the several loans made of said fund, and examine and compare the 
cash, notes and mortgages with the books and reports. 

Sec. 66. Said board shall make a report of the result of such 
examination, showing: 

First. The amount refunded and the amount re-loaned, and the 
safety thereof. 

Second, The amount of interest received and the amount paid 
over. 

Sec. 67. Such report shall be entered on the records of said 
board, and copies thereof signed by members of the board, the au- 
ditor and treasurer, shall be transmitted to the Auditor of State 
and to the State Superintendent of Public Instruction. 

Sec. 68. Any member of the board of county commissioners, 
or any county auditor or treasurer neglecting to perform any of 
the duties required in the three preceding sections, shall be liable 



14 

to indictment therefor, and to be fined in any sum not exceeding 
one hundred dollars, nor less than twenty dollars. 

Sec. 69. The county auditor and treasurer shall receive for their 
services each two and a half per cent, on all receipts, and disburse- 
ments of interest, and upon all sales for non-payment of loans, the 
five per cent, damages accruing thereon. 

Sec. 70. The following fees only shall be charged in case of 
mortgage for loans: 

To each appraiser 50 cents. 

For recording mortgage 50 " 

For drawing mortgage 50 " 

For taking borrower's affidavit 10 " 

Clerk and recorder's certificate and examining title, each '25 " 



Sec. 71. There shall be elected by the qualified voters of the 
State, at the general election, a State Superintendent of public in- 
struction, who shall hold his office for two years. 

Sec. 72. He shall receive for travelling, postage, stationery, 
and all other expenses, a sum not exceeding five hundred dollars 
per annum. 

Sec. 73. He shall enter upon his official duties on the second 
Monday of November, succeeding his election, and shall subscribe 
an oath of office, which shall be filed in the office of the Secretary 
of State. 

Sec. 74. The books and papers of his department shall be kept 
at the seat of government, where a suitable office shall be furnished 
by the State, at which he shall give attendance, when not absent 
on public business; and if the business of the office require it, he 
may employ a clerk, not more than six months in each year, at a 
salary of two dollars a day. 

Sec. 75. It shall be the duty of the State Superintendent, on 
his induction into office, to deliver an address before the State 
Board of Education, setting forth his views of the best method of 
giving efficiency to our educational system, with such suggestions 
as he may deem worthy of their consideration. He shall present 
an annual report containing a brief exhibit of his labors, the re- 
sults of his experience and observation, noticing any imperfection 
in the operation of the system, and suggest the appropriate correc- 
tion. He shall also prepare and append to said report, all statisti- 
cal tables, the materials of which have been transmitted to his de- 
partment by the proper officer. 

SEe. 76. It shall be his duty to spend annually on an average, 
at least ten days in each judicial circuit, superintending teachers* 
institutes, conferring with township trustees, counseling teachers, 
and delivering lectures on topics calculated to subserve the inter- 
ests of popular education. 

Sec- 77. He shall be tx officio President of the State Board of 



15 

Education, preside at all meetings thereof, propose such measures 
for consideration and adoption as in his judgment may best subserve 
the interests committed to said board, and increase the efficiency 
of their individual labors,- and submit for their inspection and ap- 
proval a list of text books for schools, and a catalogue of suitable 
works for school libraries. 

Sec. 78. He shall superintend the purchase of township libra- 
ries, under such regulations as the State Board of Education may 
adopt, and report to said Board his proceedings in relation thereto. 

Sec. 79. He shall receive and promptly determine appeals from 
township trustees, exercise such supervision over the educational 
funds as may be necessary to ascertain their safety and secure their 
preservation, and cause to be instituted jn the name of the State 
of Indiana, for the use of the common school fund, all suits neces- 
sary for the recovery of any portion of said funds. 

Sec. 80. He may require of county auditors, treasurers, town- 
ship trustees, clerks and treasurers, copies of all reports by them 
required to be made, and all such other information in relation to 
the duties of their respective offices, and the condition of the funds 
and property of common schools, and the condition and manage- 
ment of such schools as he may deem important. 

Sec 81. He shall prepare and transmit to the proper officers, 
suitable forms and regulations for making all reports, and conduct- 
ing all necessary proceedings under this act, and all necessary in- 
structions for the better organization and government of common 
schools. 

Sec 82. He shall cause as many copies of this act, with the 
forms, regulations and instructions aforesaid, to be from time to 
time printed and distributed amongst the school townships, as he 
shall deem the public good requires. 

Sec 83. The annual report of the superintendent shall be made 
to the General Assembly, when that body is in session; otherwise, 
to the Governor, who shall cause the same to be published, and 
communicate a copy thereof to the next General Assembly. 

Sec. 84. With the report of his labors and observations, he 
shall present: 

A statement of the condition and amount of all funds and prop- 
erty appropriated to purpo^s of education; 

A statement of the number of common schools in the State, — 
the number of scholars in attendance, — their ages, sex, and the 
branches taught; 

A statement of the number of private or select schools in the 
State, so far as the same can be ascertained, — the number of schol- 
ars, their age, sex, and branches taught; 

Estimates and accounts of the expenditures of the public school 
fund; 

Plans for the management and improvement of the common 
school fund, and for the better organization of common schools. 



16 

Sec. 85. He shall, by himself or deputy, [of whom he is author- 
ized to appoint one in each county,] examine all applicants for li- 
cense, and if found qualified, license them as common school teach- 
ers, for one or two years. Such superintendent and his deputies 
shall keep account of all licenses issued, specifying date and period 
of their expiration. Such license may be revoked, if the person 
prove incompetent; but the teacher's claim for services to the date 
of revocation, shall not be prejudiced thereby. All licenses shall 
be gratuitous. 

Lands belonging to Common Schools, 

Sec. 86. The custody and control of all lands belonging to the 
common school fund, shall be with the trustees of the civil town- 
ship in which the same shall be situated. 

Sec. 87. They shall have power to lease such lands for any 
term not exceeding three years, reserving rents payable in money, 
property, or improvements to be made on the land. 

Sec. 88. But if directed by a vote of a majority of the voters 
of such township, such leases may be made for any term not ex- 
ceeding ten years. 

Sec. 89. Townships may acquire land by devise or gift, and 
hold the same in accordance with such gift or devise. 

Sec. 90. Such trustees shall have all rights and powers of a 
landlord, either in their official names, or in the corporate name of 
the township, in coercing fulfilment of contracts relating to such 
lands, and preventing waste or damage, or of recovery for the 
same when committed. 

Sec. 91. Such trustees shall preserve all personal property be- 
longing to such township, and may sell the same from time to time 
in such manner as will best promote the interest of such township. 

Sec. 92. At any time when five voters of any township shall, 
by petition to the trustees, set forth their desire for the sale of all 
or of any part of the land in such township, at any time before no- 
tice is given for the annual election of trustees, such trustees shall 
insert in such notice the further notice that a balloting will then 
be had to determine whether the land so petitioned for, shall be 
sold or not. 

Sec. 93. A copy of such petition shall be entered on the book 
containing the record of the proceedings of such trustees, togeth- 
er with the time of its reception, and their action thereon. 

Sec. 94. If a voter favor the sale of such land, he shall write 
on his ballot the word "sale;" if he oppose the sale, he will write 
the words "no sale." 

Sec. 95. No such sale shall be allowed, unless a majority of all 
the votes cast in such township shall vote in favor of it, and unless 
the number of votes constituting such majority shall exceed fifteen. 

Sec. 96. A certificate showing the number of votes given for 



17 

and against such sale, shall be made out and signed, and within 
seven days after such election, filed with the clerk of such town- 
ship. 

Sec. 97. Such trustees shall enter such return on their record 
books, and if satisfied that a majority, and more than fifteen votei-s 
have voted for such sale, they shall enter their opinion on their re- 
cord book, and shall proceed: 

First. To divide the lands so voted to be sold into such lots as 
will insure the best price. 

Second, To affix a minimum price to each lot, not less than one 
dollar and twenty-five cents per acre, below which it shall not be 
sold. 

Third, To certify such division and appraisement to the pro- 
per county auditor, together with a copy of all their proceedings 
had in relation to the sale of said lands. 

Sec. 98. Such certificate and return shall, by such auditor, be 
laid before the board of county commissioners, at their first meet- 
ing thereafter, and said board, if satisfied that the requirements of 
the law have been substantially complied with, shall direct such 
land to be sold, which sale shall be conducted as follows: 

First, It shall be made by the auditor and treasurer. 

Second, Four weeks' notice of the same shall be given, by post- 
ing up notices thereof in three of the most public places in the towa- 
ship where the land is situated, and at the court house door, and 
by publication in a newspaper published in said county, if any, 
otherwise in the newspaper in the State nearest thereto. 

Sec. 99. One fourth of the purchase money shall be paid in hand, 
and interes,t for the residue for one year ia advance, and the resi- 
due in ten years from such sale, with like interest annually in ad- 
vance. 

Sec. 100. On failure to pay any such annual interest, when the 
same becomes due, the contract shall be forfeited, and the land 
shall immediately revert to the township, and the auditor shall forth- 
with proceed again to sell the same on the terms above specified. 

Sec. 101. If, on such second sale, such land shall produce more 
than sufficient to pay the sum owing therefor, with interest and 
costs, and five per cent, damages, the residue shall, when collected^ 
be paid over to the first purchaser, or his legal representative. 

Sec 102. At any time before sale, payment of the sum due^ 
with interest for the delay, and all costs, together with two per 
cent, damages on the whole sum owing for said land, shall preveat 
such sale, and revive the original contract. 

Sec. 103. In case of such forfeiture, the original purchaser may 
be sued for waste or unnecessary injury done to such land.. 

Sec. 104. Such suit shall be prosecuted by the auditor,, in th» 
name of the State, for the use of the common school fund. 

Sec 105. The former owner of such delinquent Laud,, his hcirg 
or assigns, may within one year after sale, redeesa the same by pay. 
3 



IS 

ing to the purchaser, his heirs, executors, administrators or assigns, 
or by depositing with the treasurer of the proper county, the 
amount of purchase money p.>id by such purchaser, with interest 
thereon at the rate of ten per cent, per annum, together with all 
subsequent payments for taxes, interest or principal, which such 
purchaser, or those claiming under him, may have made thereon. 

Sec. \i)6. When any land offered for sale shall remain unsold, 
th^, county auditor may dispose of the same at private sale, for the 
best price that can be had therefor, not being iess than the mini- 
mum pri€e affixed thereto. 

Sec, lOJo A .certified statement of such sale shall be made and 
signed by the auditor, and being first recorded by the county audi- 
tor in the records of the board of county commissioner.-?, sliall be 
delivered to the piiz:cl\aser when he makes his first payment, and 
shall entitle him to a deed when the terms of such purchase shall 
have been fully corapiiei .jvjth. 

Skc. lOS. Every purchaser, until forfeiture, shall be entitled to 
all t le rights of possession be^fbre ex^s.ing in such township.'*, and of 
all rights and remedies for rents be<;oming due, or breaches of cov- 
enant accruing after his purchase Ujider any lease exi.-jting at the 
time of his purchase, and for all waste. i;ommitted thereafter. 

Sec. 109. A purchaser at such salsj failing to make the first 
payment as above required, shall pay t^^i? j)er centum on the sum 
fed^ to he recovered by action before any eoviT^ having jurisdiction, 
to b& pr.osecuted for by the county auditor^ in the name of the 
Stale, for the use of the common school fund, §.yd the auditor and 
treasurer sha^ be competent witnesses. 

Sec. 110. .:5signments of certificates of purchase shall be valid 
only if acknovriedged before the county auditor, who ;^hall rec -rd 
the same 

"^ 3ec. lil. When a residue of purchase money becpnias ^ue, the 
p.^Oti'^sei- may retain the same as a Ipap.^fi'om year .tp,yAp.'*» on 
"i3jiymep;t annually in* advance, of , the interest, therepp, i}t ,t\}.& xMq 
|then eslabli^eif by law on loan of such funds; but he $1)a11 iJ'/ec^ye 
HO d^eed unt,il fulj p^jiyment is made; and the O^ineral A>serribly,rp^iy 
at any time hereafter s,o cliange the law as to require payment, g/ 
such purchi^^e mojiey after ,the original credit has expij-ed, g\y'n\g 
the party one year's noticec 

Sec, 1 12, Pu^xhasers niay a* a»y time before due, pay a, part or 
4he whole of such purphase monkey. 

Slc. 113, When any such cenificJitiS shsll be lost or destroyed, 
before a deed be made, on })roof thereof \)y affidavit of the per.-^on 
interested, or other competent te.stimony, tp h^ .filed with the couu- 
ty auditor, and after three months* notice of ,in,tention to apply for 
a new certificate, given in sonia ncvvs[>a|)er pubfish^ed nearest to 
where the land lies, such auditor may issue the sarr>e to ,th.e person 
entitled thereto. 
' 3tc. 114. Purchase money atid int rest, aiid ?iU QQ^U gtnd dqi.i;:?* 



19 

ages above provided for, shall be paid to the treasurer of the pro- 
per county, and his receipt therefor filed by the person paying with 
the county auditor, who shall issue his quietus therefor. 

Sec. 115. When such payment is in completion of any contract 
of sale, the amount of such receipt shall be indorsed by the coun- 
ty auditor on the certificate of purchase. 

Skc. 116. On full payment for such land, a deed shall be exe- 
cuted by the county auditor, and entered on the record book of the 
board of county commissioners. 

Sec. 117. Such deed shall be acknowledged at the cost of the 
grantee by the county auditor, as in other cases, and thus executed 
and delivered, shall vest in ihe grantee, his heirs and assigns forever, 
a complete title to the land. 

Sec. 118. The voters of any township may, in the absence of a 
vote to sell land, and in lieu thereof, petition the board of township 
trustees for such sale; and such petition, if signed by a majority of 
all the voters of the township, be filed with the county auditor, and 
the same proceedings shall be had as are provided in the preceding 
sections upon a vote of the inhabitants of the township for such 
gale. Such petition and certificate shall also be recorded in the re- 
cord book of the board of township trustees, and of the county 
auditor. 

Sec. 119. When a majority of the voters shall, by petition, de- 
signate any place in the township as the place of sale of any school 
land, the said petition, duly certified and recorded in the record 
of the board of township trustees, shall be filed with the county 
auditor, who shall record the same, and thereupon such sale shall 
be held at such place in the township, instead of at the court house, 
as hereinbefore provided. 

Sec. 120. All moneys derived from rents of a school section, or 
from lands heretofore acquired by a township for other than ordi- 
nary school purposes, shall be paid to the county treasurer. 

Miscellaneous P/ovisions, 

Sec 121. The books, papers and accounts of any township trus- 
tee, their clerk or treasurer, shall be subject to the inspection of 
the county auditor, and of the board of county commissioners ol 
the proper county. 

Sec. 122. For the purpose of said inspection, said board of 
county commissioners and auditor may, by subpoena, summon be- 
fore them any such trustees, clerk or treasurer, and require the 
production of sui h books, three days' notice of the time to appear 
or produce being given. 

Sec. 123. If such books have been Imperfectly kept, said board 
of commissioners may correct them; and if fnud appear, shall re- 
move the person guilty thereo*. 

Sec. 124. Process in suits against a school township shall be by 



summons executed by leaving a copy thereof with the clerk of such 
township ten days before the return day thereof. 

Sec. 125. Suits brought on behalf of a school township, shall be 
brought in the name of the State of Indiana for the use of such 
township. 

Sec. 126. When suit on behalf of or against a school township 
shall be entered in the circuit or supreme court, the prosecuting at- 
torney of the proper circuit shall attend to the prosecution or de- 
fence of such township as part of his official duty. 

Sec. 127. An appeal shall lie from the decision of a township 
meeting or of a board of township trustees to the county auditor, 
thence to the State Superintendent, whose decision shall be final. 

Sec. 128. Any person who shall sue for or on account of any 
decision, act, refusal or neglect of duty of the township trustees, or 
of county auditor, for which he might have had an appeal according 
to the provisions of the two preceding sections, shall not recover 
costs. 

Sec 129. No teacher shall be employed unless he be of good 
moral character, nor until he shall have procured a certificate of 
qualification as provided in this act. 

Sec. 130. The voters of any township shall have power at any 
general or special meeting to vote a tax for the purpose of building 
or repairing school houses, and purchasing sites therefor, providing 
fuel, furniture, maps, apparatus, libraries or increase thereof, or to 
discharge debts incurred therefor, and for continuing their schools 
after the public funds shall have been expended, to any amount not 
exceeding annually, fifty cents on each one hundred dollars of pro- 
perty, and fifty cents on each poll. 

Sec. 131. The words "county auditor," in this act, shall be con- 
strued to mean the county auditor or the clerk of the circuit court 
doing the business of such auditor. 

Sec 132. Debts heretofore contracted by any school district for 
school purpose>, shall be provided for by the township or townships 
in which it is situated. 

Sec 133. School commissioners in counties where the office has 
not been heretofore abolished, shall, at the term of the board doing 
county business next after the taking efifect of this act, make final 
settlement of accounts with the county auditor, which settlement 
shall be entered upon the records of said board, — shall deliver to 
said auditor all books, papers and securities for money loaned ap- 
pertaining to his said office, and shall pay over to the county treas- 
urer all moneys remaining in his hands as such commissioner. The 
office of school commissioner shall thereupon be abolished, and its 
duties shall thereafter be discharged by the county auditor and 
treasurer, as provided in this act. 

Sec l'M» County auditors shall commence and prosecute to 
final judgment suits in the name of the State of Indiana, for the use 
of the common school fund, against any person who held the office of 



21 

school commissioner, and his securities for, [therefor], and in all cases 
where such defaulting person, or any of his sureties, shall have ab- 
sconded or otherwise left the State of Indiana, the county auditor 
shall commence and prosecute to final judgment, in the name of the 
State of Indiana, for the use of the common school fund, writs of 
foreign and domestic attachment against the goods, chattels, lands 
and tenements of such commissioner or surety, which said writs 
may be levied upon any property subject by the laws of the State 
to execution; and the proceedings in such case shall be governed 
by the statutes regulating proceedings in foreign and domestic at- 
tachment, except that the bonds required of individuals shall be 
dispensed with. 

Sec. 135. All common schools shall be open to the pupils there- 
of without charge. 

Sec. 136. The auditor shall take an account of the amount of 
the surplus revenue fund heretofore distributed to the several coun- 
ties of (his State, and also an account of the proportion to which 
each county would be now entitled according to the number of 
taxable polls in each, and shall equalize the amount of State funds 
in each county according to population, as far as may be, by means 
of the saline and bank tax funds annually distributed from the 
State. 

Sec. 137. The county auditor and treasurer, under the direction 
of the board of county commissioners, shall have the power to 
compound for debts of any of the school funds which are consid- 
ered as lost or unsafe. 

Sec. 138. There shall be assessed, collected and paid, as the State 
and county revenues are assessed, collected and paid: 

Fij'st. On the list of property taxable for State purposes, the 
sum of one quarter of one mill on each one dollar. 

Second. There shall be paid by every person liable to pay a 
poll tax for State purposes, the sum of twenty-five cents: Provided, 
that said tax shall continue for two years only. 

Sec. 139. The said taxes shall be applied exclusively to the pwr- 
chase of township school libraries, under the direction of the State 
Board of Education, but no sectarian work shall be admitted into 
such libraries. 

Sec. 140. The amount of the said taxes, when collected, shall 
be paid by the county treasurers to the Treasurer of State, at the 
time of making their annual settlement, and shall be paid out by 
that officer upon the warrant of the Auditor of State. 

Seo. 141. The State board of Education shall, when such libra- 
ries have been received, cause the same to be distributed to the 
counties as follows: To each county having a population of 15,000 
inhabitants, and upwards, ten libraries; to each county having a 
population of 10,000, and less than 15,000 inhabitants, eight libra- 
ries; and to each county having a population of less than 10,000 in- 
habitants, six libraries, which shall be distributed equitably by the 



22 

board of county commissioners to the townships of their respective 
counties. 

Sec. 142. Such libraries shall be in charge of the boards of 
township trustees — shall be deemed the property of the township, 
and shall not be subject to sale nor alienation for any cause what- 
ever. 

Sec. 143. Such trustees shall be accountable for the preserva- 
tion of said libraries — may prescribe the time of taking, and the 
period of retaining books — assess damages done to them by persons 
entitled to iheir use, and adopt rules and regulations necessary for 
their preservation and usefulness. 

Sec. 144. The voters oT the township may determine, at any 
annual meeting, whether the said library shall be deposited at some 
central point, or at one or more eligible places, in the township, 
for the convenience of scholars and families. It shall be the duty 
of the township trustees to elect, annually, one of their number 
township librarian. 

Sec. 145. Every family in the township shall be entitled to the 
use of one volume at a time from said library, although no mem- 
ber of such family attends school. 

Sec. 146. The library shall be open to all persons entitled to its 
privileges, throughout the year, without regard to school sessions. 

State Board of Education, 

Sec 147. The State Board of Education shall consist of the 
State Superintendent of Public Instruction, the Governor, the Sec- 
retary, Treasurer, and Auditor of State, who shall meet annually 
at Indianapolis on the second Monday of November, for the pur- 
pose of more effectually promoting the interests of education, by 
mutual conference, interchange of views and experience of the 
practical operation of the system, the introduction of uniform school 
books, the adoption of the most eligible means of facilitating the 
establishment of township school libraries, and the discussion and 
determination of such questions as may arise in the practical ad- 
Ifninistration of the school svstem. 

WM. H. ENGLISH, 
Speaker of the House of Representaih>es. 
S. S. MfCKLE, 
President of the Senate, pro tern. 
Approved June 14, J 852. 

JOSEPH A. WRIGHT. 



*i3 



AN ACT 

Araendatory of, and supplemental f), an act entitled sin "act to provide far a ^neral 
and uuiform system of Common Schools, and School Libraries^ and matters 
properly connected therewith, "approved June 14, 1852. 

Section 1 . Be ii enacted ht/ the General Assembly of the State of Indiana^ 
That section 9 of the above entitled act be, and the same is hereby amend- 
ed to read as follows: 

The civil township trustees shall establish and conveniently locate ia 
each township a sufficient number of schools for the education of the 
children therein: Provided, however, that in all enumerations the children 
of negroes and mulattoes shall be omitted. The property of negroes and 
mulattoes shall not be taxed for school purposes, nor shall any negro or 
mulatto derive any of the benefits of the common schools of this State. 

Sec. 2. Section 12 of said act is amended to read as follows: They 
(the civil township trustees) shall, on or before the 20th day of Septem- 
ber in each year, make an enumeration of the children within their res- 
pective townships, between the ages of five and twenty-one years, ex- 
cepting such as may be married, distinguishing between the ages of five 
and thirteen, and thirteen and twenty-one ; and shall ascertain by inquiry 
to which school parents and guardians desire to send, and shall enroll ac- 
cordingly for one year, and furnish to each teacher a list of the children 
assigned t® him. 

Sec. 3. Section 14 is amended to read as follows : They (the civil 
township trustees) shall require of each teacher to file with the clerk of 
such board, at the expiration of each common school term, a complete re- 
port, verified by affidavit, of the number of scholars admitted during such 
term, distinguishing between male and female, and between the ages of 
five and thirteen, and thirteen and twenty-one years ; the average at- 
tendance, books used, branches taught, and the number of pupils en- 
gaged in the study of each branch; and until such report shall have been 
filed, the said trustees shall make no payment to such teachers for ser- 
vices. 

Sec. 4. Section 15 is amended to read as follows: They (the town- 
ship trustees) shall present at the annual township meeting a statcKient 
exhibiting the number of children in each township between the ages of 
five and thirteen, and thirteen and twenty-one years, distinguishing be- 
tween male and female, the number of schools, the number of teachers, 
male and female, and the number of children, distinguished as above, who 
have attended school during the past year, the average attendance, length 
of school terms, compensation of teachers male and female, amount of 
public funds appropriated to the township, condition of school houses 
and furniture, and estimated value thereof, number and condition of 
books in the library, value and condition of school apparatus^ and a com- 
plete statement of their expenditures by items. 



S4 

Seo. 5. Section 69 is amended to read as follows: County auditors 
shall receive for their services in managing the school fand two per cent, 
damages accruing on all sales for non-payment of loans, and three p«-r 
cent, on all receipts and disbursements of interest. And county treas- 
urers shall receive for their services two per cent, on all receipts and dis- 
bursements of interest. 

Sec. 6. Section eighty-five is amended to read as follows : 

First. The board of county commissioners of each county of this State 
are hereby authorised to appoint at least one and not more than three 
si>h©ol examiners, whose term of office shall expire on the first Monday 
in March of each year; the clerk of said board shall report, immediately 
upon their appointment, the name and post office address of each school 
examiner to the State Superintendent of public instruction. 

Second. It shall be the duty of said school examiner to examine all 
applicants for license, and if found qualified, license them as common 
school teachers for three, six, twelve, eighteen, or twenty-four months, 
at the discretion of the examiner; they shall each keep account of all 
licenses issued, specifying date, and period of expiration, and shall for- 
ward an annual report of the same to the State Superintendent of public 
instruction. 

Sec. 7. Be ii further enacted, That all licenses shall specify explicitly 
the branches which the licensee may be qualified to teach, and shall be is- 
sued free of charge. But the school examiner shall be entitled to an ad- 
vanced fee of fifty cents from every applicant for examination. 

Sec. 8. The State Superintendent of public instruction may hcense 
teachers at his pleasure. 

Sec, 9. No person shall be declared qualified to receive a license as 
eommon school teacher, unless he or she may possess a knowledo-e of or- 
thography, reading, writing, arithmetic, geography, and English grammar. 

Sec. 10. The township trustees shall, whenever directed so to do by 
any regular township meeting, sell any school house and the land upon 
which the same may be situated, if the title to such land be vested uncon- 
ditionally in the school fund, for the highest price that can be obtained 
therefor ; and upon the payment of the purchase money to the treasurer 
©f such township, the trustee shall execute to the purchaser thereof a 
deed of conveyance, which shall be sufficient to vest in such purchaser all 
the title of such township thereto. 

Sec. 11. When any officer authorixed to sell school lands shall have 
sold any lands without a title thereto, such officer or his successor in 
cffice may convey such other lands of equal value as may be ao-reed up- 
©n between such officer and the purchaser, his heirs, executors^ adminis- 
trators or assigns, or failing to make such agreement, the purchase money 
with interest, shall be repaid to such purchaser, his heirs, executors, ad- 
ministrators, or assigns: Provided, hmvever, That no moneys shall be 
thus refunded until the proper prosecuting or district attorney shall have 
investigated the facts of the case and certified to the correctness of the 
claim. 

6eo. 12. It shall be the duty of the State Superintendent of public 
instruction to supply each common school library in the State with a copy 
©f the Revised Statutes of 1852, the legislative documentary journals for 
the sessions of 1851-2, and the reports of the State Board'of Education 
and of Agriculture for the year 1852. He shall hereafter forward to each 



25 

eotnmon school library the doeumentary journals and acts of each session 
of the legislature ; and also the annual reports of the State Board of 
Education and the State Board of Agriculture. 

Sec. 13. The Treasurer of State shall take the State Superintendent's 
receipt for such books and documents, which receipt shall be evidence of 
the proper disposal of such books and documents. 

Skc. 14. Whereas an emercrencv exists for the immediate takingr eifeet 
of this act, therefore, this act shall be in force from and after its passage 
ftnd publication by authority. 

OLIVER B. TORBET, 
Speaker of the House of Representatives, 
ASHBEL P. WILLARD, 
President of the Senate^ 
Approved March 4, 1853. 

JOSEPH A. WRIGHT. 



THS STATE OF INDIANA, j 
Offick of Secretary of State. \ 

I, Nehemiah Hatdkn, Secretarj of State for the State aforeaaid, certify that th€ 
foregoing are true, full and complete copies of the enrolled acts now on file in my 
office. 

In testimony whereof, I have hereunto set my hand and affixed the seal 
ft. g.] of the State, at the city of Indianapolis, this 1st day of May, A. D, 
1853. 

N. HATDEN, St€reUry of Stats. 



26 



NOTES 



SECTION 2, 
By this section, all common school funds, from whatever source derived, 
are consolidated in one general and common fund, to be called the " Com- 
mon School Fund." The county officers need therefore no longer keep 
oa their books ihe several classes of public funds distinct, 

SECTION 3. 

This section, of course, refers to the funds distributed to the several 
counties, to be loaned to the citizens thereof. By the law of 1833, chapter 
70, the voters of each congressional township, whenever the school section 
in their township should be sold, were authorized to determine by vot« 
whether the money should be deposited in the loan office of the State, or 
retained and loaned to the citizens of the township, or of the county, on 
mortgage. For that portion deposited in the loan office, the faith of the 
State became solemnly pledged; for that portion retained and loaned in the 
counties, there was no security but the note of the borrower and the morU 
gage. The surplus revenue distributed to the several counties in 1 838, was, 
in like manner as the congressional township fund, loaned without any claim 
on the counties for making up losses. By the Revised Statutes of 1843. tho 
several counties were made liable for the preservation of both the congres- 
sional township and surplus revenue fund, and for the annual interest 
thereon. By the act of 1 845, distributing the saline and bank tax funds, 
the same liability for preserving the principal and paying the interest, was 
imposed on the counties. By the 6th section of the 8th article of the Con- 
stitution, the several counties are "held liable for the preservation of so 
much of the common school fund as may be entrusted to them, and for the 
payment of the annual interest thereon." It would seem, therefore, that 
for the losses occurring to the school fund up to 1843, there is no remedy. 
For all losses occurring since 1843, in any county, the county is responsible. 



27 

SECTION 4. 

The law *'for the more uniform mode of doing township business," ap- 
proved May 6, 1852, prescribes the mode of electing township trustees, 
clerk, and treasurer. 

SECTION 6. 

By the seventh section of the township law, Rsvi.<;c'j. Statutes of 1852, 
chapter 110, the township treasurer is required iv 'y.YcrMte a bond, in such 
penalty, not less than two hundred dollaia-, a>jA v-v^ .••,::ch surety, as the 
trustees shall approve. The penalty should, ox cour.'w, oe of sufficient 
amount to secure the school funds, as well as the ordinary funds of the 
township. 

SECTION 8. 
This section is exceedingly broad and liberal in its spirit, and gives the 
township trustees ample power to conduct the educational aflfairs of the 
township, as the sentiments and the best interests of the people may require- 

SECTION 9. 

By the act of the General Assembly approved March 4th, 1853, amend- 
ing the school law, the first part of this section, requiring a map of each 
township, is repealed. The amended section authorizes the trustees of 
each township, regardless of the old district system, and of all arbitrary 
geographical lines, to establish and locate as many schools, and in such 
positions, and of such grades, as the interests of education and the circum- 
stances and sentiments of the people may require. 

SECTION 11. 
It is desirable and expedient for every township to make provision by 
special tax for the building, repairing and furnishing of school houses, in 
order that the public school funds may all be appropriated to the purposes 
of instruction. But if no such provision be made by the township, the 
trustees are authorized to use the ordinary school funds to furnish school 
houses, as well as school teachers. 

SECTION 12. 
This section has been amended, as may be seen by referring to section 
2d of the act approved March 4th, 1853. The enumeration must include 
all unmarried white persons between the ages of five and twenty-one years, 
distinguishing between the ages of five and thirteen, and thirteen and 
twenty-one. 

SECTION 13. 
The object of this section, as well as of the latter part of the 12th section, 
is to give each family the privilege of sending its children to any one of 
the common schools which may best accommodate it. This is one of th© 



28 

very best proYisions of the school law. Every family has, once every year, 
the absolute right of choosing its school for the year. Should it desire, 
after having made its choice, to change its school before the next annual 
enumeration, the consent of the trustees must be obtained. 

SECTION 14. 
The third section of the act of March 4th, 1853, amends this section by 
substituting thirteen instead of twelve. 

SECTION 16. 
The act of March 4lh, 1853, amends this section so far as it regards the 
age of children, by substituting five for seven, thirteen for twelve, and 
twenty-one for seventeen. 

SECTION 19. 
This section gives the trustees ample power to organize, at their dis- 
cretion, such a system of free schools as the peculiar circumstances of their 
township may require. The schools may be all of the same grade, or of 
two, or three, or more grades. They may classify the children of the 
township according to age and acquirements. They may authorize the 
teaching of any branches of science, literature and art, which public interest 
and public opinion may require. They may accommodate, to the utmost 
extent consistent with free schools, the wants and tastes, and peculiar 
Tiews of their people, differing in language and in religion. 

SECTION 20. 
The annual meeting referred to in this section, and in several other 
sections of this act, is held on the first Monday of April, as provided by the 
law "for the more uniform mode of doing township business," — Revised 
Statutes of 1862, chapter 1 10, section 6. Township trustees have no juris- 
diction over select schools. The object of the requisition in this section to 
report to the Superintendent the number and condition of select schools in 
each township, is merely to furnish statistical information, which may 
prove useful to the people. 

SECTION 21. 
By this section the people of any township are authorized, whenever, in 
their opinion, the school affairs of the township are managed badly, to 
arrest the evil, and apply a remedy, by giving, in their legal meetings, 
instructions and directions to the trustees. Should any neighborhood of 
the township feel oppressed by the action of the trustees, redress may be 
obtained under the provisions of this section, at any time during the year, 
by calling a township meeting. 

SECTIONS 22, 23 <fe 24. 
There does seem a vexatious obscurity in the language of these sections. 



The committee who reported the law, give the following explanation : *'We 
hare provided for transferring persons, for educational purposes, to other 
townships than their own, and have also given power to each township to 
levy taxes for various purposes. It is obviously just, therefore, that if any 
person, not residing in the township, should be allowed to participate in 
the educational advantages thereof, he should bear a full share of the ex- 
pense, and that when such township levies a tax, by the vote of the people, 
it should be levied upon the property of all those associated with them. If 
such persons had not been transferred to an adjoining township, their 
property, situated in the township of their residence, would be liable to 
any tax levied by that township; and as they have been transferred to the 
adjoining township, for their own convenience, the tax levied by the town- 
ship with which they have voluntarily associated themselves, should operate 
upon all their property in the township of their residence. It would not be 
proper that the tax should be levied upon all their property in the county, 
because that property is liable to the different townships in which it may be 
situated, as any other non-resident land would be. Where the person 
has been transferred to an adjoining county, it would make an unnecessary 
complication for the officers of one county to be collecting school tax for an 
adjoining county, and would moreover oblige the trustees to resort to more 
than one treasury for their means, — a very great objection, and a fruitful 
source of expense. Hence the arrangement in the 24th section is preferred." 
The substance of the whole matter seems to be as follows : When a 
person is transferi;ed for school purposes to any township in his own county, 
he must pay to the county treasurer, on all his property situated in the 
township in which he resides, the same rate of school taxes as is paid by 
the people of the township to which he is transferred, and for the use of 
that township. If he owns property in another township, it must be taxed 
at the rate of other property in that township, and for the use of schools 
therein. If he be transferred to a township in another county, he must 
pay directly of his own accord to the treasurer of the township to which he 
is transferred, a sum equal to the tax voted by such township, computing 
the same «pon all his property in the township where he resides. When- 
ever a person, transferred to another county, in compliance with the pro- 
visions of the 24th section, pays personally to the treasurer of any township 
the required amount on his property in the township inWhich he resides, 
that property should of course not be held liable to any tax assessed for 
school purposes in the township from which he has been transferred. The 
same property ought not to be taxed, directly or indirectly, by township 
authorities, for the use of schools, in more than one township. 



30 

SECTION 25. 

The "special tax" referred to in this section, means the township school 
tax, as distinguished from the ordinary State and county tax. It may 
often be desirable, in townships, to render school taxes immediately avail- 
able. In such cases, the tax-payer may pay over his tax directly to the 
township treasurer, without wailing for the ordinary course of collection 
by the county treasurer. 

SECTION 27. 

Apprehensions seem entertained by some persons, lest the provisions of 
this section should afford evil disposed persons the means of annoying 
township trustees on frivolous pretenses of offense. There need, however, 
be no fear on the part of those who are disposed to discharge their duty 
to the best of their knowledge and capacity. If oppressive "action" he 
"maintained" against any trustee, he has the right of appeal. 

SECTION 29. 

Inasmuch as by the assessment law the county auditors and treasurers 
do not make their annual settlements till late in March, and the coiin'y 
treasurers do not make their annual settlement with the State Tieasurer 
till the first of April, the Superintendent, in order to perform the duty re- 
quired by this section, must request the county auditors and treasurers to 
inform him early in January of each year, of the probable amoiini of school 
funds which may reasonably be expected to be in the hands of each county 
treasurer for distribution, on the fourth Monday of March. Knowing the 
amount of trust funds on lo^n in the county, and the amount of tax assessed, 
and making due allowances for losses and delinquencies, the auditor and 
treasurer may be able to give the Superintendent the probable amount with 
sufficient accuracy to enable him to make out the statement required by 
this section. Should the county officers happen ioot'e? -estimate or ynder-esii- 
m<ite the amount in any county, we can adjust the difference through the 
State treasury. It is supposed that the transfers betw^een the counties 
provided for in this section, may prove inconvenient in practice. It will 
probably be better for those counties " having an excess," to pay it over 
directly to the State treasury, and for those "having a deficiency," to 
draw from the State treasury. The arrangements can all be easily made 
by mutual understanding between the Superintendent, the Treasurer of 
State and the several county treasurers. Should difficulties arise in exe- 
cuting this section, we can propose means of adjustment through a circular. 

SECTION 32. 

This section is intended to confer on incorporated cities and towns, the 
most ample power to establish and maintain such a system of free schools 
«s the circumstances of the people may require. The educ.itional affairs 



31 

of tlie city or town may be managed directly by the regularly constituted 
corporation officers, or by officers appointed by the corporation either from 
their own body or from olher citizens, or by trustees elected for that express 
purpose by the people. The number of school officers or trustees for a city 
or town, is not specified in the law. The people, therefore, may elect, or 
the corporation may appoint one superintendent of schools, or a board of 
trustees of any convenient number. The corporation treasurer and corpo- 
ration clerk will of course act as treasurer and clerk for school purposes. 
In townships, a special school tax can be levied only by vote of the qualified 
electors of the township; but in incorporated cilies and towns, school taxes 
may be levied by an ordinance of the corporation authorities, and collected 
like other corporation taxes. 

SECTION 37. 
County auditors are not required by this section to retain school funds 
wailing for applicants, in order that the "money may be loaned equally 
nmong the ditierent townships." If there are applications on file, their 
claims should be respected ; but if applications from the different townships 
be not on file, the funds should be immediately loaned to such persons as 
do apply, regardless of their township residence. 

SECTION 49. 
In the form of mortgage prescribed in this section, there is no mention 
of relinquishment of dower, inasmuch as, by the law of descents, approved 
Miy 14, 1852, chapter 27, volume 1, of the Revised Statutes, "tenancies 
in dower" are abolished. The wife, however, is a prospective owner of 
the land held by the husband, and she should join him in signing the 
mortgage prescribed for securing loans from the school fund. 

SECTION 69. 
This section is amended by section 5lh of the act approved March 4, 1863. 

SECTION 85. 
The provisions of this section are wholly modified by the 6ih, 7th, 8tb 
and 9Ji sections of the act approved March 4, 1853. 

SECTION 133. 
The tax provided for in this section, may be voted at any meeting, gen- 
eral or special. The people need not wait until the "public funds are 
expended," before they vote a tax for "continuing their schools." They 
may vo'.e the tax in advance. As soon as they ascertain how much they 
need to raise by tax, in order to sustain the schools a sufficient number of 
months, they should vote it at once, in order that the schools may be con- 
tinued without intenuplion. In some neighborhoods it may happen that 
individuals and voluntary associations may desire by subscription, or hj 



32 

rates of tuition, to continue their schools after all the public funds, the 
special township tax included, shall have been expended. In such cases 
the township trustees may and should allow them to use the public school 
houses for that purpose, 

SECTION 132. 
All school houses heretofore built by districts, become the property of 
the civil township or townships in which the district maybe situated; 
all debts of districts become the debts of the township or townships covering 
the territory of the district, and all school houses must be hereafter built at 
the common expense, and become the comm*on property of the civil towa- 
sliipja which they may be situated. 

SECTION 141. 

'The school law, as first reported by the committee on education to the 
Legislature of 1852, provided for one library to each township in the State, 
It was, however, ascertained, before the bill passed, that on this principle 
the distribution could not be made proportional to population. Some 
counties of twenty thousand inhabitants had only four townships, while 
other counties of only ten thousand inhabitants, had twelve or thirteen 
townships. To provide for an equitable distribution of the libraries, the 
bill was amended, and passed in its present form. To facilitate the equita- 
ble distribution of the libraries, according to the principle of the law, the 
county commissioners are advised to divide their counties into six, or eight, or 
ten districts, according as their population, by the census of 1850, may be 
found less than ten thousand, or between ten thousand and fifteen thousand, 
or more than fifteen thousand. In some counties each township may have its 
own library. In other counties two or three, or more townships of small 
population, may be classed in one district, and have one library the common 
property of the district. In such cases the library may be divided into two 
or three or more parts. One part may be deposited in each township of 
the district. There can easily be made, among the townships of the dis* 
trict, an annual exchange of these parts of libraries, so as to afford the 
people of each township access to all the books in the entire library. 
Indeed, it will not prove more difiicult to accommodate, by division and 
mutual exchange, a district of two or three small townships, than it would 
to accommodate the different sections of one large township by depositing 
the library in parts in "one or more eligible places," as provided in the 
144th section. 

The Superintendent has neither the authority nor the disposition to direet 
nor dictate the mode of distribution among the several townships. He only 
suggests this arrangement, believing it may prove satisfactory. The power 
o( deciding, rests wholly with the county commissioners. They can adopt 



33 

any mode of distribution seeming to them equitable and coavenient. 
Should the commissioners of any county adopt the course herein suggested, 
and inform the Superintendent of the number of townships in each district 
of their county, he will endeavor so to classify the books on the catalogue, 
which he will prepare to accompany the libraries, as to facilitate the di- 
yision into any number of parts that may be required. It will appear, 
for obvious reasons, that should the mode of districting recommended bo 
adopted in any county, each district should include only whole townships. 
It would be very inconvenient for any civil township to be divided by 
district lines. Should the library tax be continued beyond the time specified 
in the 138th section, provision may be made for furnishing one eatire 
library to every township in the State. 

The library feature is believed to be one of the l)est, if not the very best, 
of the provisions in the school law. We hope the library system may 
prove so satisfactory, and become so useful and popular, that the people 
will instruct, by common consent, the next Legislature to continue the 
annual appropriation for library purpose.1. 

SECTION 142. 
In counties districted as suggested in the note on the preceding section, 
each township would hold the right of property in one half, one third, or 
one fourth, as the case might be, of the library. The board of trustees of 
each township would have the charge of the part which might be from 
time to time deposited in their township. 

SECTION 144. 
In townships which happen to have one entire library, there would be 
no inconvenience in dividing it into parts, to be deposited in two or three 
eligible places in the township. In such case it might prove convenient to 
deposit it in three places, making each of the trustees librarian. 



S4 

The amendatory ajn'd supplemental law. 



In jorder to explain, in tlie best manner possible, the act of March 4th, 
1863, anijeiiding the school law, I Trould call the attention of the reader to 
the following clear, concise and beautiful report, made to the House of 
Representatives by Mr, John C. Walker, of Laporte, CJhairman of the 
Committee on Education. 

RBPOET. 

Mil Spsaker: 

The committee on Education have, according to order, prepared, with great care and 
no little labor, the following bill, which I am directed to report to this House. 

Feeling sensibly the vast importance of Education to the social, moral and politica I 
health of our commonvvealth, the cojnmittee have not acted without some hesitancy, and 
have matured, step by step, every proposiliou presented to their consideration. 

Without proposing to change any radical feature of our present law, which provides, 
in accordance with the letter and spirit of the Constitution of our State, for •■'a generaj 
and uniform system of Common Schools," the committee have only mads those altera- 
tions and additions which will further and promote the easy operations of a great system 
which is destined to leave its impress upon the age in which we Jive, and shed a halo &f 
glory around the names of its illustrious originators. 

The committee cannot disguisi their knowledge of the fact that in many sections therg 
exists a spirit of opposition to this law ; yet they sincerely believe that this feeling arises 
n>ore from a misapprehension of the practical working of the system, Uian from any 
defect in its radical features. 

The consolidation of the congressional township fund, and the levying of a tax for 
general School purposes, are, with many, the foundation of all opposition to the law as it 
exists upon our statutes. If the first be wrong, the error is deep-rooted, for it finds its 
source in the Constitution of our State. 

This popular Constitution provides that *''in all cases where a general law can be made 
fepplicable," our '' laws shall be general and of uniform action throughout the State." It 
also enumerates cases in which no local or special law shall be passed ; and among the 
upecificaticns is the following: "Providing for the support of Common Schools, and for 
the preservation of the School fund." 

But this is not all. Section I of Article VIII of the Constitution, makes it the duty of 
the General Assembly ''to provide by law for a general and uniform system of Common 
Schools," and Section 2 of the same article, of itself consolidates the School fani. The 
consolidation feature of our School law, is almost a verbatim repatitiou of this section of 
the Constitution. The General Assembly, then, has but one of two courses to pursue : 
to provide for a change in the Constitution, or for tiie uniform distribution of the School 
fund, in accordance with the provisions of the Constitution. The Constitution could not 
he altered, and our laws conformed thereto, in a shorter period than four years ; in the 
mean time the School fund must be disposed cf by the provisions of the prest-nt law, or 
by a^similar law, or it cannot be disposed of at all, and must be unavailable. 



35 

The committee, then, are unanimously of the opinion that the present School law should 
be fairly tested, and if its " workings" be unsatisfactory, then future legislation should 
make the desired change in the fundamental law of our State. 

A general direct tax for School purposes, is opposed by many on the ground that it falls 
unjustly on the property holder who may have no children to educate. To "multiply 
and replenish the earth," is not only a moral duty, as inculcated by the precepts of 
Divine inspiration, but is an obligation imposed upon every man of delicate sensibilities, 
and true poetic sentiment, the omission of which would be worse than treason against his 
country. The individual, then, so destitute of patriotism, so narrow-minded and mean, 
as to be unwilling to perpetuate his race, lest it be attended with expense, if not disfran- 
chised, should at least be compelled to educate other men's children. 

Without consuming time to notice in this report some other important objections urged 
against our present School system, it is perhaps better to pass on and explain briefly the 
motive actuating the committee in the adoption of each section of the bill herewith pre- 
sented for the consideration of this House. 

Section 1 of this bill so alters Section 9 of our Common School law, as to dispense with 
the mapping of townships, a provision which is thought to be attended with more expense 
than benefit. It provides, also, that the property of negroes and mulattoes shall not be 
taxed for School purposes, and that the children of negroes and mulattoes shall derive uo 
benefits from any of the Common Schools of the State. A provision similar to this was 
incorporated in the School law which passed last winter, but was omitted by an error of 
the enrolling clerk. 

It is certainly unjust to levy a tax upon any portion of the inhabitants of the State for 
any purpose, when social sentiment would debar those thus taxed from deriving any of 
the benefits arising therefrom. In drawing a distinction, then, between the whites and 
blacks, the committee are clearly of the opinion that it is even better for the weaker party 
that no privilege should be extended to them, the tendency of which might be to induce 
the vain belief that the prejudices of the dominant race could ever be so mollified as to 
break down the rugged barriers that must forever exist between their social relations. 

At the same time that the committee entertain these opinions, they would bo far from 
recommending any measure with a view to the further degradation of the negro, under 
the fallacious pretense of thus promoting the cause of colonization. Such a proceeding 
would be cruel and disgraceful. The more you degrade the negro, the more you in- 
crease his superstition, and the greater is the impossibility of inducing him to leave the 
country of his birth ; while on the other hand, the more you elevate him in the scale of 
being, the keener is his sense of his own degradation, and the greater his anxiety to seek 
another country, where, with the spirit of a man, he may breathe the fresh air of social a8 
well as political liberty. 

With these sentiments, the committee were inclined to report provisions for the estab- 
lishment of Schools for the education of the negro children of the State ; and had it proved 
expedient, would have done fo, but for the fact that a resolution instructing them to this 
effect was a short time since overwhelmingly voted down by this House. 

Sections 2, 3 and 4 amend sections 12, 14 and 15 of the School law only so far as to 
provide that the enumerations of children for School purposes, be made between the ages 
of five and twenty-one years, instead of between seven and seventeen years. 

Section 5 amends Section 69 of the School law, and provides for allowing the county 
auditor three per cent, on all receipts and disbursements of interest, instead of two and 
one-half per cent., and the whole of the damages accruing upon sales for the non-payment 
of loans, instead of the one-half of such damages. It allows the county treasurer two 



36 

per cent, on all receipts and disburseraents of interest, instead of two and one half per 
cent., and gives him none of the damages accruing upon sales for the non-jiayriient of 
loans, the one-half of which he heretofore received. 

fleuce it will be seen that without distracting a larger amount of m.oney from the 
School fund for the payment of ofEcers tlian is provided for already, the fees of the auditor 
are increased, while, however, those of the treasurer are diminished. The duties of the 
county auditor in the management of the School fund, are much more responsible and 
ouerous than those of the treasurer ; yet the latter receives ou the collection of the School 
tax, his regular per centum, which is an amount over and above his fees as prescribed in 
the School law, which fees are the same as those allowed ihe auditor. It is on this 
account that the committee have made the alteration designated. 

A question arose with the committee as to whether the compensation allowed to the 
county auditor and treasurer should not be increased. Under the old School law, these 
officers received for the management of the School fund, each one-half of one per cent, on 
the principal at interest, which is equivalent to fifty cents on every one hundred dollars. 
They are now entitled to two and one-half per cent, on all receipts and disbursements of 
interest, which amounts to but little more than one-third of one per cent, on the principal. 
They therefore now receive each thirty-five cents, where under the old law they received 
fifty cent-S. 

Althoufih the committee are positive that the auditor should receive more for his service 
than the treasurer, tiiey are not certain that at present it is policy to divtrrt, in the form 
of fees, a larger amount from the School fund than is provided for by law. 

Section 6 amends Section 85 of the School law, and provides that School examiners 
sliail be appoint3d by the county commis-sioaers in each county respectively, instead of 
by the State Superintendent of Public Instruction. It provides that three examiners may 
be appoint-'d in each county, instead of one only, and goes on to enumerate the duties oi 
such examiners, the prominent feature of which is the discretionary authority given the 
examiner, allowing him to make the duration of a license issued, tiiree. six, twelve, 
eighteen, or twenty-four months. 

It is not unfrequently the case in sparsely settled counties, that great difficulty occurs 
in procuring properly qualified teachers, and in such an event it is often imperative upon 
examiners to license a teacher for a short time, to meet an emergency, whose qualifications 
entitle him, in fact, to no patronage wliatever. 

It is hoped that the uitexanipled and electric progress that has marked every western 
development, will soon do away with this necessity, even in our younger and feebler 
counties. 

Section 7 makes it the duty of School examiners to specify in eacii license is.'SueJ, the 
branches waish the applicant may be qualified to teach. The certificate thus issued is a 
testimonidi of the exact extent of tlie qualiticatioas of the licensee, the efF<rct of wliich 
will be to give the better educated teacher a preference over those of more limited literary 
qualifications This section presents the new feature of allowing the examiners an advance 
fee for services. The present law provides no compensation to such officers, and couse- 
qnenlly very few have been found who would accept the position. 

It was thought that the examiner should be paid for his services out of the School 
fund, le.<t he should be prejudiced to issue licenses regardless of qualification, on account 
of liie exj^ected fee. The committee, however, finally came to the conclusion that exami- 
nations should be paid far bj' the individuals asking such examinations ; and in order to 
preclude the issuing of illegitimate licenses, ilia provided that an advance fee may be 
requu-ed for examinations, but that all licenses shall issue free of charge. 



37 

Section 8 empowers the State Superintendent of Public InstructioH to license teachers. 
Section 9 prescribes the standard of qualifications below which no individual shall 
receive a license to teach a Common School. 

Section 10 provides that where lands have been vested unconditionally in the School 
fund, and the houses upon sucli lands are no longer needed, others being required in 
another locality, but perhaps for the use of the same persons, the same may be sold under 
the direction of the majority of the voters of the township. 

Section 11 is the embodiment of a Senate bill referred to the committee on Education, 
and whicii has in view the correction of errors made by county auditors in the sale of 
School lands. 

Sections 12 and 13 require the State Superintendent to furnish each Common School 
library with certain books. The township libraries are designed as much for the adults of 
our State as for the children ; and it has occurred to the committee that an opportunity is 
offered now, never before presented, to give all of our citizens a knowledge of our laws, 
and the operation of the executive and legislative departments of our State — something 
that has long been desired, but never efiected. 

In submitting this bill, the committee do not flatter themselves with the belief that it 
will meet and conciliate the conflicting views that may be entertained by members of this 
House. They console themselves, however, in the reflection, that their action has been 
true to the trust confided in them, and is the result of mature consideration. With an eye 
single to the best interests of the State, and with the education of her children closely at 
heart, the committee feel that they could render no greater service to the public, than by 
exerting their influence in carrying out and perfecting that great and general system of 
education, which was established by our last winter's legislature. How muchsoeyer 
local feeling and local interest might incline some to oppose certain features of this system, 
yet as true friends of education, they should sacrifice such feelings and such interests upon 
the altar "of the public good and the general welfare." The committee believe that a 
foundation is laid in the present law, the superstructure of which will place a thorough 
education within the reach of every child in the State. 

Unlike other works, it may be rejected before its virtues are known ; yet it may be the 
key to the tabernacle, and though cast away among the rubbish, will yet be sought and 
found and used. Our State rejoices in the hardy vigor of early youth. She stretches her 
arms from the great Lakes to the Ohio river, and grasps within their fold a myriad of 
hidden riches. In the development of her resources, let us not forget that she should 
have amoral as well as a physical strength; that she has other soils to cultivate, and 
other jewels to embellish, aad that they are the immortal minds of her children. 

SECTION 6, 

[Of the amendatory law.] 

The ♦county commissioners would undoubtedly be authorized to mate 
the appointment at any time, when in session, or during the vacation be- 
tween their sessions, should the public interest require it. Should the 
examiner find the applicant for license deficient in qualification, he may 
still grant the license for a short period — three or six months — if it appear 
to him that the public interest, owing to the scarcity of teachers, requires it. 



38 



SUMMARY VIEW OF THE INDIANA SCHOOL SYSTEM. 

An enumeration of all the children, between the ages of five and twenty- 
one years, in the State, is to be made annually by civil townships, cities, 
incorporated towns, and counties. 

The income of all funds appropriated to common schools, together with 
the amount raised by taxes assessed by State authority, for school purposes, 
forms a common fund for annual distribution to each school corporation, 
according to the number of children therein. 

In February, of each year, the Superintendent makes out a statement, 
showing the amount to which each township, city and town is entitled. 

In March, of each year, the county treasurers, on the warrant of the 
county auditors, pay over to the treasurers of cities, incorporated towns, 
and townships, the amount to which each city, town, and township is enti- 
tled, according to the number of children therein. 

The funds thus paid into the treasury of each school corporation, become 
subject to the order of the township trustees, and the school officers of 
cities and towns, to be expended by them for educational purposes. 

Each city, town and township forms a corporation for school purposes, 
governed by a board of school officers, and having a common right to the 
school funds, and a common interest in the schools. 

The trustees of each township, and the school officers of each city and 
town, must, regardless of district lines, or other geographical distinctions, 
establish and conveniently locate within the bounds of their territory, as 
many schools, and of such grade, as the educational interests of the people 
may require. They may establish a classified or graded system of schools, 
or any modification thereof deemed practicable and convenient. 

In locating schools, in determining their grade, in classifying scholars, 
in selecting teachers, and in all other matters of detail, they may govern 
their aetion by the circumstances, the interests, convenience, and wishes of 
the people. The law requires as uniform, universal, and indispensable 
conditions of public schools, that they shall be free, and open to all the pupils 
thereof withoui charge, and thai from them shall be annually made the reports 
required by law. The trustees, keeping only these principles in view, may 
regulate their schools according to their own notions of expediency, under 
the instructions of the people by whom they are elected, and whose agents 
they are. 

Parents and guardians have the right of choosing, among all the schools 
of the same grade in the township, or in an adjoining township, or in an 
adjoining county, the particular school most convenient and agreeable to 
them. If, however, a graded system be established in any city, town or 
township, the scholars must be classified according to age and acquirements. 



39 

Special taxes on the property and polls of any township may be levied, 
by a vote of the people thereof, at any general or special meeting, for the 
purpose of building and furnishing school houses, continuing schools after 
the public funds shall have been expended, and for any other legitimate 
educational purpose. In cities and incorporated towns, taxes for educa- 
tional purposes may be levied by an ordinance of the corporation. 

SUMMARY VIEW OP THE DUTIES OF TOWNSHIP TRUSTEES. 

The office of township trustee is constituted, by the Revised Statutes of 
1852, an office of great importance in the internal policy of the State. In 
addition to all the ordinary township business, including much that was 
formerly transacted by the county commissioners, the whole charge of the 
educational affairs of the township is committed to the trustees. All the 
school funds apportioned to the township at the annual distribution, be- 
come, immediately on being paid from the county treasury to the township 
treasury, subject to the order of the trustees, for school purposes. 

The efficiency, the usefulness, and the general character of our schools, 
must depend greatly on the trustees. They have it in their power, under 
the liberal laws of the State, to establish in their township such a system of 
public schools as may meet the wants and circumstances of their people. 
They will, of course, if they are, as they should be, wise and magnanimous 
men, consult the views and interests of the people, and provide equitably 
and liberally for the accommodation of every part of the township, and 
every portion of the people. The duties of township trustees, as school 
officers, may be summarily arranged in two classes. 

First. — It is their duty to provide, from the funds at their disposal, school 
houses and school teachers sufficient for the education of all the children 
in their township. 

Secondly. — It is their duty to make annually to the people, a report of 
their proceedings, and to furnish the State Superintendent such statistical 
information as is required by law. 

On entering on his official career, the township trustee should make 
himself thoroughly acquainted with, his powers and duties, and with the 
educational wants of his township. He will then find little or no difficulty 
in accomplishing the work committed to him. 

To aid more fully in comprehending the details of the duties of township 
trustees, attention is called to the following specifications, with reference^ 
in each case, to the appropriate section of the law. 
It is the duty of Township Trustees — 

To establish and conveniently locate, in their townships, a sufficient num- 
ber of schools for the education of the children therein. — Section 9oftheac4 
of June 14, 1862, as amended by section 1 of the act of March 4, 1853. 



40 

To establish graded schools, or a modification thereof, whenever such 
establishment is practicable and convenient, and to so classify the children 
of their township, as to secure to all equitable participation in the advan- 
tages thereof. — Section 19. 

To make, on or before the 20th day of September, in each year, an 
enumeration of the children within their respective townships, between the 
ages of five and twenty-one years, excepting such as may be married, 
distinguishing between the ages of five and thirteen, and thirteen and 
twenty -one. — Section 12 of the act of 1852, 05 amended by section 2d 0/ t/ie 
acto/\Q53. 

To furnish the county auditor and the Superintendent of Public Instruc- 
tion each a copy of said enumeration of children. — Section 20. 

To ascertain by inquiry, at the time of taking the enumeration, to which 
school parents and guardians desire to send, and to enrol accordingly for 
one year. — Section 12, amended by section 2d 0/ the amendatory laio. 

To transfer persons for educational purposes to an adjoining township. 
— Section 13. 

To employ teachers. — Section 8. 

To furnish each teacher a list of the children assigned him. — Section 12, 
amended by section 2d of the amendatory act. 

To require teachers to make a report according to the 3d section of the 
amendatory act. 

To visit each school twice during every term thereof. — Section 8. 

To examine the mode of teaching, government, books used, adaptation 
of school houses and furniture ; the comfort and health of scholars, condi- 
tion of the school house and furniture, and all matters connected with the 
comfort and efficiency of the school. — Section 16. 

To investigate causes of complaint against teachers. — Section 18. 

To dismiss teachers for sufficient cause. — Sections 17 and 18. 

To suspend disorderly pupils. — Section 17. 

To have charge of all the public school houses in the township. — Sec. 10. 

To make contracts for the building and repair of school houses. — Ibid. 

To provide furniture and fuel for school houses. — Ibid. 

To present, at the annual township meeting on the first Monday of April, 
a statement exhibiting the number of children in the township between the 
ages of five and thirteen, and thirteen and twenty-one years, distinguishing 
between male and female ; the number of schools ; the number of teachers, 
male and female, and the number of children, distinguished as above, who 
have attended school during the past year; the average attendance — length 
of school terras — compensation of teachers, male and female — amount of 
public funds appropriated to the township — condition of school houses and 
furniture, and estimated value thereof — number and condition of books in 



41 

the library — value and condition of school apparatus, and a complete 
statement of their expenditures by items. — Section A of the amendatory act. 

To exhibit, at the annual township meeting, a complete account of re- 
ceipts and expenditures during the year preceding such annual meeting, 
and an estimate by items of the probable amount required for building and 
repairing school houses, furniture, fuel and apparatus, for the action of the 
township, and an account of the number of days each has been employed 
during the year in the discharge of his duty as trustee in the school affair* 
of their township. — Section 10. 

To present, at the annual meeting, for the decision of the voters, the 
erection or removal to a more eligible site, of any school house, with plans 
and probable expenses of any new one, or of removal. — Section 11. 

To provide for the building, or removing, or repairs, of school houses, 
or for furnishing furniture and fuel, out of any funds in their hands, when- 
ever no other provision is made therefor by the township. — Ibid. 

To call special meetings of the voters of their township, whenever, in 
their opinion, the interest of the township requires it, or whenever requested 
to do so by twenty of the voters. — Section 21. 

To make out and file with the county auditor, a list of property belonging 
to persons transferred to other townships. — Section 22, with the exjAanations 
thereof in the notes. 

To issue orders on the township treasury for the payment of teachers, 
and for meeting all educational expenses of the township. — Section 7. 

To furnish, on or before the first day of October, in each year, to the 
county auditor and State Superintendent, a full report of their proceedings, 
embracing all the information contained in the statement which they are 
required to make to the annual township meeting, and also stating the 
number of select schools in the township, so far as the same can be ascer- 
tained, Avith the number of pupils, their ages and sex, and branches taught; 
and the average wages of teachers, both in the public and in the select 
schools. — Section 20. 

To appraise lands offered the county auditor for securing loans from the 
school funds. — Sections 35 and 36. 

To have the custody and control of lands belonging to the common 
school funds. — Sections 86 to 120, inclusive. 

To have charge of their township libraries. — Sections 142, 143 and 144. 



A liberal construction of the school law would authorize the township 
trustees to perform their duties by the whole board, or by one of their 
number, or by some other person appointed by them as their deputy. In 
making the enumeration of children — in performing the duties of librarian — 



42 

in superintending the erection of school houses in distant parts of tho 
township, and in many other details of official duty, it may often be more 
convenient and less expensive for them to act by deputy, rather than in 
person. Their deputy would be responsible to them, and they would be 
responsible to the people and to the State for his acts. 

The trustees must, in each case, determine for themselves the expediency 
of acting, according to circumstances, by the whole board, or by one of 
their number, or by deputy. With them is deposited all the power, and 
on them rests the whole responsibility of conducting the educational affairs 
of their townships. They should administer the school affairs of the town- 
ship with economy and efficiency, consulting the interests and sentiments 
of the people, and adhering to the fundamental principles of the law. 

DUTY OF TOWNSHIP CLERK. 

It is the duty of the township clerk to keep a record of the proceedings 
of the board of trustees, and to discharge such duties as may from time to 
time be required of him. — Section 5. 

DUTIES OF THE TOWNSHIP TREASURER. 

It is the duty of the Townshi}) Treasurer — 

To give an official bond for the use of the township, in such sum, and 
with such surety as may be approved by the board of trustees. — Section 6. 

To collect all rents and debts belonging to his township, receive from 
the county treasurer all sums apportioned to his township for educational 
purposes, or which may be raised by any tax voted by the inhabitants of 
his township for any purpose authorized by this act, and pay out the 
same according to the orders of the board of trustees. — Section 7. 

To keep accurate accounts of his receipts and expenditures, and settle 
with the board of trustees once in each year, and oftener, if required, 
and discharge all other duties required of him. — Section 7. 

DUTIES OF SCHOOL TEACHERS. 

It is the duty of Teachers — 

To procure a certificate of qualification, according to section 129, and 
section 6 of the amendatory law. 

To file with the township clerk at the expiration of each school term a 
complete report verified by affidavit, of the number of scholars admitted 
during such term, distinguishing between male and female, and between the 
ages of five and thirteen, and thirteen and twenty-one years, the average 
attendance, books used, branches taught, and the number of pupils 
engaged in the study of each branch. — Section 3c? of the amendatory act. 



43 



DUTIES OP THE COUNTY COMMISSIONERS. 

It is the dviy of Cminiy Commissioners — 

To appoint in their county at least one, and not more than three school 
examiners, whose term of office shall expire on the first Monday of March 
of each year. — Section 6ih of the amendatory act. 

To examine annually the accounts and proceedings of the county auditor 
and county treasurer in relation to the school fund ; to inquire into the 
safety of the several loans made ; to examine and compare the cash, 
notes, and mortgages, with the books and reports, and to enter on their 
records, and transmit to the Auditor of State, and to the Superintendent 
of Public Instruction copies of their report of such examination, showing 
the whole amount of school fund in the county, the amount refunded 
within the year, the amount re-loaned, the safety thereof, the amount of 
interest received, and the amount paid over. — Sections 65, 66, and 67. 

To correct the books, papers and accounts of township officers, when 
such books appear imperfectly kept, and if fraud appear, to remove the 
person guilty thereof. — Section 123. 

To direct the county auditor and treasurer to compound for debts of 
any of the school funds which are considered as lost or unsafe. — Section 
137. 

To distribute equitably to the several townships of their county the 
libraries, according to section 141. 

DUTIES or SCHOOL EXAMINERS. 

It is the duty of School Examiners — 

To examine all persons applying for license to teach. — Section 6th of the 
amendatory act. 

To license such persons as appear qualified according to the standard 
prescribed in section 9th of the same act. 

To state explicitly the branches which the licensee may be qualified to 
teach. — Section 7 of the same act. 

To graduate the tenure of the license according to their discretion. — 
Section 6 of the same act. 

To keep account of all licenses issued, specifying date and period of 
expiration. — Section 6, same act. 

To forward an annual report to the Superintendent of Public Instruc- 
tion. — Section 6 of the same ad. 

DUTY OF PROSECUTING ATTORNEYS. 

When suit on behalf of or against a school township shall be entered 



44 

in the circuit or supreme court, the prosecuting attorney of the proper 
circuit shall attend to the prosecution or defense of such township as part 
of his official duty. — Section 126. 

DUTY OF COUNTY TREASURERS. 

It is the duly of County Treasurers — 

To collect the State tax for school purposes. — Section 1. 

To collect township taxes assessed for school purposes. — Section 23 and 
section 25. 

To collect the school library tax. — Sections 138 and 140. 

To receive the principal of all moneys belonging to the common school 
fund. — Section 33. 

To receive all loans refunded. — Section 52. 

To receive all interest on loans from the school fund. — Section 52. 

To receive all moneys remaining in the hands of school commissioners. — 
Section 133. 

To attend at all sales of land mortgaged for loans from the school fund 
and to make and file in their office a statement of such sales. — Section 60. 

To enter on their books the deed made to purchasers at such sales. — 
Section 61. 

To make an annual report of the operations of their office in relation to 
the school funds to the county commissioners. — Section 63. 

To compound for debts of any of the school funds which are considered 
lost or unsafe. — Section 137. 

To pay special township taxes to the proper township treasurer. — 
Section 23. 

To make annually distribution, in accordance with the annual state- 
ment of the Superintendent, of the fund applicable to school purposes, 
upon warrant of the county auditor, by paying the same to treasurers of 
incorporated cities, towns and townships of the county. — Section 31. 

To pay any excess remaining in the county, into the State Treasury. — 
Section 29. 

To pay the library tax to the Treasurer of State. — Section 140. 

To furnish the Superintendent of Public Instruction such information 
in relation to school funds, and other matters properly connected there- 
with, as may be required. — Section 80. 

DUTIES OF COUNTY AUDITORS, 

It is the duty of County Auditors — 

To place on the tax duplicate of their county, in appropriate columns, 
the general State tax according to section 1, the library tax according to 



45 

section 138, and the special township tax, when voted by any township, 
according to sections 22 and 23. 

To make loans of the principal of all school moneys according to th© 
rules and regulations prescribed in sections 33 to 62, inclusive. 

To make annually to the county commissioners a report of their opera- 
tions. — Section 63. 

To forward copies of such annual report to the Auditor of State, and 
to the Superintendent of Public Instruction. — Section 67. 

To make sale of lands belonging to common schools, according to regu- 
lations therefor in sections 98 to 120, inclusive. 

To inspect, whenever occasion is supposed to require, the books, papers 
and accounts of any township trustee, clerk, or treasurer. — Section 121. 

To receive and decide appeals from the decision of a township meeting, 
or of a board of township trustees. — Section 127. 

To receive from school commissioners, in counties where that office has 
not been heretofore abolished, all books, papers, and securities for school 
moneys loaned. — Section 133. 

To commence and prosecute to final judgment suits in the name of the 
State of Indiana, for the use of the common school fund, against any 
person who held the office of school commissioner, and his securities there- 
for ; and in all cases where such defaulting person, or any of his securi- 
ties, shall have absconded, or otherwise left the State of Indiana, th© 
county auditor shall commence and prosecute to final judgment, in the 
name of the State of Indiana, for the use of the common school fund, 
writs of foreign and domestic attachment against the goods, chattels, 
lands and tenements of such commissioner or surety. 

To compound for debts of any of the school funds which are supposed 
to be lost or unsafe. — Section 157. 

To draw orders or warrants on the county treasurer in favor of aay 
township treasurer for the amount of any special tax collected for the 
use of such township. — Section 23. 

To draw warrants on the county treasurer in favor of the treasurers of 
each of the townships, cities, and ii^icorporated towns of his county for 
the amount of school funds to which each may be severally entitled, 
according to the statement of the Superintendent of Public Instruction, 
at the annual distribution. — Sections 30 and 31. 

To receive from the township trustees an annual report of their pro- 
ceedings. — Section 20. 

To employ some person to make and file in his office the enumeration 
of children in any township of his county, when that duty shall have 



46 

been neglected by the township trustees, and to forward such enumeration 
forthwith to the Superintendent of Public Instruction. — Section 26. 

To report, whenever required, to the Superintendent of Public Instruc- 
tion such information respecting the duties of his office, and the condition 
of the funds and the property of common schools, as may be deemed 
important. — Section 80. 

To act as clerk of the board of county commissioners. — Revised Statviei 
of 1852, volume 1, chapter 20, section 7. 

To give, as clerk of the board of county commissioners, to the Superin- 
tendent of Public Instruction, immediate information of the names and 
post office address of persons appointed school examiners.— S^c/zon 6, act 
of March A, 1853. 



FORMS, REGULATIONS AND INSTRUCTIONS. 

Township Treasurer'' s Bond, 

Before the person who may be elected treasurer by the people, or who 
may be appointed to fill a vacancy, according to section 8, chapter 10, and 
volume 1, of the Revised Statutes of 1852, can legally enter on the duties 
of his office, he must execute an official bond, which may be of the following, 
or any other appropriate form : 

Be it k.xown, that we, A. B , C. D and E. F , of township, 

iu the county of , and State of Indiana, are bound in the sum of dollars, 

payable by ourselves, our heirs and legal representatives, to the State of Indiana, for 
the use of the township aforesaid. The condition of tliis bond, executed by us on this 

day of , 185-, is, that if the before named A. B. shall well and truly discharge 

his duties as treasurer of the township aforesaid, to which office he was elected [or ap- 
pointed, as the case may be, ] on the day of , 185-, and faithfully disburse and 

pay over, according to law, all such school funds or other funds and moneys, as may 
from time to time come into his hands as such treasurer, then ihis obligation shall be void .; 
otherwise it shall remain in force. A. B. 

Signed and delivered in presence of C. D. 

G. H. E. F. 

I. K. 

The board of trustees should write their approval on the treasurer's 
bond. — Revised Statutes, volume 1, chapter 13, section 8. 

After the bond is executed and approved, it should be deposited with 
the county auditor. 

Form of General Account to be kept by the Township Treasurer^ 

The following, or some other simple form of book-keeping, would be 
suitable for township treasurers: 



47 



Dtt. 



A. B., Treasurer of- 



Township, County of 



Cr. 



Alar.- 



Apl. — . 



To cash received of county 
treasurer, being the amount 
to which this township is 
entitled from general com- 
mon school fund 

To cash received from county; 
treasurer, being amount of 
special township tax 

To cash, being amount rcceiv 
ed for rent from M, L 



$500 00 



400 00 
100 UO 



SIOOO 00 



$290 00 



1S5- 
Apl, — . 

May—. 

June — . 

Dec.—. 



By cash paid A. B, , teacher of 

school No. ] , per voucher 1. . 
By cash paid C. D., teacher of 

school No.2, per vouchers.. 
By cash paid E. F., on contract 

lor building school house No. 

5, per voucher 3 

By cash paid G. H. for fuel for 

school No. 6 

Balance in treasury 



§100 00 
200 00 

400 00 

10 00 
290 00 

$1000 00 



Juno— .To balance 

The vouchers of the treasurer will consist of the orders drawn by the 
board of trustees. These orders should be numbered, and carefully pre- 
served till the time of the annual settlement of the township accounts. 

Foj^m of Orders drawn by the Township Trustees. 

The tenth section of the township law, Revised Statutes of 1852, volume 
1, chapter 110, directs that all orders of the board of trustees shall be 
signed by the president thereof, and attested by the township clerk. The 
following form may be used for that purpose : 

ORDRR AUTHORIZING THE TREASURER TO RECEIVE THE FU.VDS OF THE TOWNSHIP FROM THE 

COUNTY TREASURY. 

At a meeting^ of the board of trustees of township, county of , held on 

Uio day of , 185-, it was ordered that the treasurer be authorized to receive 

from the county treasury the amount of money proportioned to this township from the 
common school fund for the year ending the 4th Monday of March, 185-. 

Attest: A. B., President of the Board, 

C. D., Clerk. 

If a special township tax has been collected for educational purposes, the 
order drawing it from the county treasury may be of the following form : 

At a meeting of the board of trustees of township, county of , held on 

the -.— — day of , 185-, it was ordered that the treasurer be authorized to receive 

from the county treasury the amount of special township tax collected for educational 
purposes from this township for the year ending the 4th Monday of March, 185-. 

Attest: A. B., President of the Board. 

C. D., Clerk. 

In ordering money paid out from the county treasury, the trustees, or 
their clerk, who draws the order, should specify the person to whom, and 
the purpose for which the money is to be paid, and should number each 
order. The following may be used as suitable forms : 

At a meeting of the board of trustees of township, county of , held on 

the day of , 185-, it wa«« ordered that the treasurer pay G. H. dollars. 



months, at 



for his salary for teaching school No. 

Attest: 
C. D., Clerk. 

At a meeting of the board of trustees of 
the day of , 185-, it was ordered that the treasurer pay L. M 



dollars per month. 



A. B., PresiJ-entofihe Board, 
township, county of 



held OQ 
dollars. 



48 



being amount due liim, as by his account rendered and allowed for [here insert whatever 
the service rendered may happen to he, such as building school house No. — , or repairing 
school house No. — , or furnishing fuel for school house No. — , or for any other educational 
purpose.] A. B., President of the Board. 

Attest: C. D., Clerk. 

Form of Register of orders issued to Township Trustees. 
The township clerk should carefully keep a register of all orders issued 
by the board. The following is a suitable form thereof : 







REGISTER OF ORDERS. 






Date. 


JVo. 


To whom issued. 


0''t what account. 


.Amount. 


Remarks. 


185—. 
March 


1 
2 

3 
4 
5 


A.B 

CD , ;. 

E. F , 

G. H 

L. M , 

O.P 




$100 on 

200 00 

10 00 

40 00 

2 00 

£0 00 




April 


Building school house No. — . . 

Fuel for school No. — 

Repairing school house No. — . 
Blank books 




May 




June 




Se-ptember . . . 


Apparatus for school house 
No. — .. 





Form of notice for a special Township Meeting. 

Whenever the board of trustees deem it necessary to call a special 
township meeting, they must give twenty days' notice thereof, set up in 
three public places of the township, and specifying time, place and object. 
The following may be used as a suitable form : 

TOWNSHIP MEETING. 

On the day of , 185 — , at — o'clock in the forenoon, [or afternoon, as the 

case may be,] there will be held at a special meeting of the voter^j of 

township, county of , for the purpose of — [here set forth the objects and purposes 

of the meeting.] A. B., President of the Board of Trustees. 

C. D., Clerk. 



Township, day of ■ 



•, 185- 



'' Should the board of trustees so direct, the call for the meeting might 
be signed only by the clerk. In all cases where the law does not specially 
require the president of the board to sign a document, the signature of 
the clerk would be sufficient. 

Form of a requisition on the Board of Trustees hy the voters of the 
Township, to c dl a special Township Meeting. 

Whenever twenty voters of any township desire a special township 
meeting, they may require in writing the trustees to issue a call therefor. 
The following is a suitable form of such requisition : 
To the Board of Trustees of Township, County of : 

We hereby request you to call a special township meeting at on the day 

of , 185 — , for t!ie purpose of — [here let the purposes and objects of the meeting 

be set forth.] A. B. 

C. D. 
£. F. 



49 



FORMS OF REPORTS AND STATEMENTS 

Required to be made by the Township Trustees to the People^ at the 
annual Township meeting. 

By the 10th section of the school law, the trustees are required to 
exhibit, at the annual meeting, a complete account of receipts and expen- 
ditures during the preceding year. The account book of the treasurer, 
and the registry of warrants, kept by the clerk, will furnish the trustees all 
the materials necessary for making this report. The form may be of the 
following kind : 



Account of Receipts and Expenditures of- 



Township, county of- 



for School purposes, for the year ending the first Monday of April, 186—. 



Dale. 



Reetipts, 



\.^mount. 



185- f 
Apl —..Cash in treasury at the begin- 

18.>- I ningof the year 

Mar, —.'Amount received from county 
treasury, being the lown- 
ship's portion of the com 
nion school (unci at the an- 
nual distribution 

Amount received from special! 
township tax for continuing! 

schools j 

jiraount received from special] 
township tax for building 

school bouses 

Amount of rent from sundry 
persons 



$100 CO 



lOCO 00 

750 CO! 

500 00 
E03 00 

.42,^50 «0 



Date. 



185- 
ApL— , 



Expenditures. 



Amount paid A. B , for Palary 
as superintendent of town- 
ship high school 

Paid C. D., assistant in high 
school, for salary 

Paid E. F., G. H., L. M. and 
O. P., teachers of primary 
schools Nos. 1,2,3 and 4, ten 
months, at §25 per month, 
each $'J5 * 00 

Paid for building school house 
No. 4 

Paid for repairs of school house 
No. 3 

Paid for fuel 

Balance in treasury 



>Amount, 



$Qm 00 
S50 CO 



1000 CO 

300 C« 

50 00 
50 00 
4C0 00 

$2,G50 00 



At the annual meeting, the trustees are required to present, for the 
action of the township, an estimate, by items, of the probable amount re- 
quired, during the year then commencing, for building and repairing school 
houses, and for furniture, apparatus and fuel. The following may be a 
suitable form of such exhibit: 



Estimate of Expenses for school houses for ■ 



for the year ending April 



Township, county of- 
-, 185-. 



Lot of land for a new school house in the neighborhood of 

Cost of the house, including materials and labor, exclusive of desks. 

Desks for sixty scholars, at $1 each .". . 

Black boards 

Stove 



Out buildings 

Cost of repairs on school house No. 5 

Fuel lor five school houses, ten cords each, at §2 per cord. 



Total estimate. 



t20 eo 

SOO Of) 
60 00 
5 00 
10 00 
15 00 
SO 00 

100 00 

$440 00 



The most difficult and complicated reports which the trustees have to 
make, are those required by the 15th and 20th sections of the law. The 
report required by the 15th section, as amended by the 4th section of the. 



50 

amendatory act, is to be made to (he people, at the annual meeting. That 
required by the 20th section, is to bs made to the county auditor, and to 
the Superintendent of Public Instruction. The details of the two reports 
are so similar, that one and the same form may answer for both. 

To aid the township authorities in making these complicated returns, the 
auditor of each county will be furnished with a sufScient number of blanks 
to supply every school corporation in his county with three, to be filled up 
by the trustees, and one to be presented to the people at the annual meet- 
ing, the second to be filed with the county auditor, and tke tinrd to bo 
forwarded by mail to the Superintendent of Public Instruction. T^ue f(^- 
lowing may be adopted as the form: 

Staiement of (he condition of Common Schools in Township, conrdy of 

, for the year ending on the first Monday of AprU, 185-. 

"Who!e number of children between five and twenty one years of age - 

Niinaber of males between five and thirteen years of age 

Nuniber of msles between thirteen and twenty-one 

"Whole number cf males ^ 

Kumber of females between five and thirteen 

Number of females bel v/een thirteen and twenty-one 

Whole number cf females 

"Whole nHmber of chi'dren who have attended school the past year 

Knfibcr of males between five and thirteen, attending school 

Kumber of males between thirteen and twenty-one, attending ■— 

Whole number of males attending school 

Kumber of females betueen five and tliirteen, attending sch ol 

Number of ferncles bet ween thirteen and twenty-one, attending 

■\Vhole number of females attending school 

Average number of scholars in dai!y attendance 

Number of schoo!3 

Whole number of teachers. 

Number of niaZe teachers 

Number ( f female teachers 

Average wages of male teachers per month 

Average wages of female teachers per month 

Length of school terms..-. 

Total amount of expense for instruction for the year 

Amount of public funds appropriated to the township 

Additional amount rai:~ed from special tax by vote of the township — 

Va'uation of the real and personal property of the township ■ 

Number cf school houses 

Condition thereof 

Valuation of the school houses, exclusive of the sites 

Condition of the school house furniture 

Value thereof 

Conditi«n of school apparatus 

Value thereof 

Amount charged by township cfncers for managing the educational affairs of the town- 

Bhip for the year 

Number ot select schools in the township 

Number of pupils attending select schools 

Number of males under thirteen years of age at the select schoc's 

Number of males over thirteen 

Vv'hol« number of males 



51 



Number of females under thirteen years of age at select sclioals 

Number of females over thirteen 

Whole number of females 



Average wages of teachers of the select schools. 
Branches taught in the select schools 



G H- 



Clerk. 



- F S 



Trustees. 



For materials for this report, the trustees must resort to the reports 
required of teachers, to the books of their township treasurer and clerk, 
and to their own notes and observations, made while taking the enumera- 
tion of children in their township, and in visiting the schools. 

The valuation of the real and personal property of the township may be 
ascertained from the report of the township assessor. The information re- 
quired in regard to the select schools, must be obtained from such sources 
as the trustees may find most convenient and reliable. 

The township trustees should, without fail, forward their first report to 
the county auditor and tlie Superintendent of Public Instruction on or 
before the first day of October, 1853. It will not, however, be possible 
for them to fill, at that time, all the blanks in the form above given. 
The number, ages, and sex of children in the township, can be given. 
This must be done, or the Superintendent cannot make the apportionment 
of school funds for distribution, according to law. Let the report from each 
township this year be made as full, and let as many blanks in the form be 
filled, as the time and circumstances will admit. It is recommended to the 
township trustees to make, after this year, their report to the annual town- 
ship meeting, and to ihe auditor and Superintendent at one and the same 
time — at the close of the township year, the first Monday of April. 



FORM FOR THE CENSUS OF CHILDREN. 

The following would be a suitable and convenient form for taking the 
enumeration required by the 12th section of the law, as modified by the 
2d section of the amendatory act: 



JEnumeraiion of Children in 



ending on the 



Township, county cf 
, 113 6-. 



for ihe year 



J^ataes vf Ferents or €fuardians . 









^^5 



Peter Parley 

Kobert Merry 

John Smith , 

Kichard Koe 

Sarah Jones 

Timothy Jenkins. 

Mary Shaw 

RoHnsnn fnianft , 



10 


3 


IG 


2 


7 


1 


9 


2 


6 


1 


Jl 


4 


8 


5 


5 


1 



No. 3 
No. 8 
No. 6 
No. I 
No. 2 
No. 4 
No. 5 
No. 7 



52 

Form of report, to be made by school teachers, according to section 14, 
as amende J by seoLion 3 of the amendatory act: 



Report of School Xo. — , of- 



TownsJdp, county of- 



term of the year 185—. 



Whole number of scholars admitted during the term 

NuiTjbtr cl m.ilcs htlweeii five aiid lliiiteer) years of age. 

Kujiiher (;f males between thirteen aiid tweiityone 

Whole number of males 



Number of females between five and thirteen years of age. 

Number (I leiiiaies betwceji thirteen and twenty one , 

\\ hjle number of rerna'es 



Average p umber in dnily attendance 
Branches i,.uult 



Kutal ei ct pupils engaged in the study uf each branch 
HuoU s usr-d 



-, for the 



Eacli teacher ra?.y adopt any form of school register appearing to him 
most .simple, and easily kept, unless the trustees of the township or city 
should retjuiie some parJculrir form. It vvijl be sufficient to record, in a 
common blank book, or such a book as is often prepared by the teacher 
himsf if from common fools-cap for a vvriling book, the names, ages, and 
studies of hII pupils wi^o enter the school during the term. The following 
form mny be adopted, unless the teacher should be able to invent some 
other, more convmient for his purpose: 



Reqinter of School Xo. — , 



To7m.^hip, county of • 



■for the 



term, 185- 



jYamea of PujiiJs. 



SiiiiiutlJ u"S. 
r.irah Smith... 
J.-lih Shaw .. 



Jcine Vvshb 



J!;^e. 



Studies. 



P Rea<ling. Spelling, Geography, 

U) Grammar, Arithmetic, Aistbra. 
12 Ge./.2r;'i«i:y. .Arithmetic, Grammar. 

f) I Keauing. Geogrnpliy, • rithmetic. 

19 I AlXiir , Geomtlry, rhtn-ii>liy. 

"i ' N lur-i 1 i'- S'lpby, Al"el>i;.. Khetoric. 



Tile leacher will also keep a ciHss-l)ouk, in which he will record, in such 
ordei as mty be nn;st convenient to him, the names of all who enter any 
])cti ieuhir ciass. 

In it-po!\i!ig the number of pupils eng-v^ed in the study of each branch, 
tlu' -eacher will inc!u Jc all who mny have recited for a longer or shorter 
time :u any [ariicul-ir class, ms in geogrHphy, Hri.hmelic, algebra, chemis- 
try, l.io'oiy, in repoiiing the average ar-i^ndnnce, il will be sufncient for 
him 10 a.scer-.ain, ttv acuai courit,, the number usually in attendance on 
stver^ii .successive d^tys, or on ihe same day of ihe week in sevei'al succes- 
Kivc '.vft-ks, Tlie parieul-tr tiunsbtr of days each {»upil attends. nt;ed not 
be repuri^d. nor reenrded in 'iie register. un\'ss specinjly requiied by the 
uusrees. Kor need ;lie names of l\it pupiis in any schcsol be reported by 



53 



the teacher, unless the trustees, for some local reason, should require it. 
The report of the teacher shoiil J be veriSel by alfi.lavit. The oaUi mxy be 
administered by one of the township trustees, or by any other person legally 
authorized. The following may be used as a suitable form of affidavit: 

State of Indiana, County of , 8S : 

I. , being duly sworn, do depose and say, that the foregoing Rtatemeiit 

of matters pertaining to School No. — , in township, of which i have been 

teaclier during the term just past, is true. 

Subscribed and s-worn to before me, this day of - 



Te<icher. 



-,183-. 
-, Township TruFtee, 



[ or Justice of the Peace, as the ca.se mciy be ] 

Form of License for Teaching, 

By the 7th section of the amendatory law, the examiner is required to 
specify explicitly the branches which the licensee may be qualified to teach ; 
and by the 6th section, he is required to graduate the tenure of the license 
by the qualifications of the applicant. The following may be used as a 
convenient form of license : 



A. B., of 
day of 



county 



of 



-, being found, on exaraination by me, this 



, 18.5-, qualified to teach Orthograpliy, Reading, Writing, Arithmetic, 

Geography and English Grammar, tog( ther with [Afr*- slate the additional l.ranchfS 
which the applicant may prove, on examination, qualified to teach,] is hereby licensed as 
Common School teucher for months. C. D., Examiner, 

Form of Report of the School Examiner to the Superintendent, 

By the 6th section of the amendatory law, each examiner is required to 
keep account of all licenses issued by him, specifying date and period of 
expiration, and to report annually to the Superintendent of Public Instruc- 
tion. The Superintendent would desire this report to be forwarded to him 
by each examiner, on the first Monday of March, in each year. The 
following is a suitable form: 

Report of licenses issued hy , School Examiner for the county 

of- , during the year endiny the first Monday of March, 185-. 



Date rf Li 
cense. 



May 1, 1853. 
June 15, 18:3. 

July J, 1853. 

fiept. 1,1853. 

Jan. 1, 1854. 



J^ame of Licensee. Residence. 



James Jones 'Madison. 

Susan Cole IFranldin. 

Jane Blair | Spencer. 

Samuel Dunn Attica. 

John Smith ; Rockville. 



Time. 

3 months, 
6 months. 

]2 months. 

18 months. 

24 months. 



Brunches. 



Orthography, reading, writing, arithme- 
tic, geography and Knglish graniaiar 

Orlliography, reading, wrilinc, arithme- 
tic, geography, English grammar, and 
algebra. 

Orthography, reading, writing, arithme- 
tic, geography, Kuglish grammar, alge- 
bra and geometry. 

Orthogiaphy, reading, writing, geogra- 
phy, arilhiueiic, Kiiglishgrammar,alge- 
bra natural philoKo;)hy and chemistry. 

Orthography, reading, geogranhy, wri- 
ting, English grammar, arithmetic, 
algebra, geometry, chemistry and phys- 



54 

In giving the residence of the licensee, let the post-office address be 
given, inasmuch as the Superintendent may desire occasionally to address 
a circular to the teachers of the State. 

Report required of County Commissioners. 

By the 65th, 66th and 67th sections of the school law, a report of the 
condition and operation of the school fund in each county, must be annually 
entered on the records of the board of county commissioners, and copies of 
such report, signed by members of the board, by the auditor and treasurer, 
must be transmitted to the Auditor of State, and to the Superintendent of 
Public Instruction. The following is the proper form : 

R^oH of ilie condition and operations of the Common School fund of 

county, for the year ending March , 185-. 





Dollars. 


Centg 


Ammint rpfnnrlpfl nrithiii thft vpnr . ... 


















Amount of fund lost or uussifc ... ••• •.•....••.•••••••.••>•.•••••.•..•.•>• 


































State of Indiana, County, ss : 

The undersigned, commissioners, auditor and treasurer of said county, certify that 
tlie foregoing report is correct, as appears from the records in ihe office of said auditor. 

Witness our hands, this day of — , 185-. 



Commissioners. 



-, Auditor. 
-, Treasurer. 



55 



ANSWERS TO QUESTIONS. 

While this pamphlet has beea passing through the press, several 
questions have been proposed, from various parts of the State, on 
several points not specially discussed in the preceding notes. We 
append some of these q lestions, v^ith answers. 

First, "Does the law prohibit persons over twenty-one yeai*3 
of age from attending the common schools?" 

The law excludes no white person of any age from the advan- 
tages of the schools. The enumeration is confined to persons 
between the ages of five and twenty-one years. But this enumera- 
tion is only designed to furnish a basis for the distribution of the 
school funds. The funds might have been equitably distributed 
according to the whole population, or to the number of polls, or 
the number of children between the ages of five and ten, or of ten 
and twelve, or (.-f fifteen and twenty. It matters not what is made 
the basis of distribution, provided each township obtains its equitable 
share of the public money. 

So far as the law of the State is concerned, persons may attend 
school from the ages of one day to one hundred years. If persons 
over twenty-one years of age have been, unfortunately, prevented 
from attending school in their childhood, they should not be ex- 
cluded from the means of educating themselves in maturer years. 
Let them go to school, all who please, and avail themselves, though 
late, of the advantages which our admirable system of education 
may aflx)rd. 

W^hile, however, the law excludes no person from the schools, it, 
on a liberal construction, would allow the township trustees to 
make such regulations and requisitions as they may judge, in each 
case, expedient, concerning the admission of persons beyond the 
usual age, and also of persons coming from abroad, for the pur- 
pose of attending school in any neighborhood. These local and 
incidental matters can all be better adjusted by the local authori- 
ties, than by the general law, or the Superintendent. 

Second, " Will the school funds be applied by the township 
trustees in equnl sums to each school, or in proportion to the num- 
ber of scholars attending, or assigned to such school?" 

All schools of the same grade in the township, should be equal, 
having teachers equally well qualified, and terms equally long. To 



56 

distribute the funds of the township according to the number of 
scholars assigned to each school, would keep up the old and objec- 
tionable distinctions of strong districts and feeble districts, long 
schools and short schools, good teachers and cheap teachers. 

Let the trustees ascertain the number of childien in the township. 
Let them determine how many schools are necessary for the con- 
venient accommodation of those children. Let them establish the 
requisite number of schools. Let them then provide for all the 
schools, as far as possible, equal advantages in teachers, and all 
necessary conveniencies. There may be some disparity in the 
number of children in the several schools in the same township, but 
the difficulty will be only temporary, and of no great amount. The 
system will soon equalize and regulate itself 

If the schools be graded, then the high school will require more 
money for its support than the secondary, and the secondary more 
than the primary. But still all the schools of the same grade may 
be equal among themselves — the same amount of funds and atten- 
tion being bestowed on one as on another of its grade. The answer 
to this question is founded only on the expediency of the course. 
The township trustees have power to decide otherwise. The law 
cannot well regulate such questions according to any invariable rule. 

Third, "Have the township trustees the power, under the 
clause of the law that has reference to graded schools, to separate 
the sexes, in the common schools?" 

This question is supposed to refer to the establishing of schools 
exclusively for males, or for females. The trustees have, unques- 
tionably, such power. But the expediency of establishino separate 
male and female schools, under such a system as ours, is more than 
doubtful. While children continue to be born promiscuously, male 
and female, and to mingle together in the same family circle, and 
while the sexes are designed to live together in mature life, there 
is neither reason nor expediency in separating them while attend- 
ing school. Neither the mental nor the moral culture is promoted, 
but both are much retarded by such separation. If, however, in 
graded systems, the trustees judge it more economical to assign 
the males to one teacher, and the females to another, they have 
undoubted power to do it. 

Fourth, " How much money may the township rely on receiving 
from the common school fund at each annual distribution?" 



57 

There have not yet been received at this office the statistics 
necessary to answer this question. From the best information we 
have, however, we are of opinion that the income of the whole 
common school fund, at present productive and available, including 
the State tax, will amount annually to about eighty-three cents to 
every person between the age of five and twenty-one years, or to 
ab ut thirty-five cents to every person in the township. 

Fifth. "Should the voters of the township refuse to vote a tax 
for the purpose of building or repairing school houses, and purchasing 
sites therefor, providing fuel, furniture, maps and apparatus, or to 
discharge debts incurred therefor, and for continuing their schools 
after the public funds shall have been expended, what can the 
trustees do?" 

They can spend what money they receive from the State at the 
annisal distribution, either in providing school houses or school 
teachers, and when those funds are exhausted, operations must stop. 

Sixth. "As the public funds are not distributed to the townships 
till March, how are the trustees to provide means for sustaining 
the schools for the year preceding the day of distribution? Must 
they employ teachers, and bind the parents and guardians of the 
pupils to pay rates of tuition according to the number of days sent 
to school? Or must they employ no teachers, unless there be 
public money to pay them? The law of 1849 declared that schools 
should be free and v/ithout charge; and yet we employed teachers, 
binding the senders to school to make up any deficiency in the 
public money themselves." 

The law of 1S52 knows nothing about rates of tuition. All 
schools organized under that law, must be absolutely and uncon- 
ditionally free. No charge for tuition, direct or indirect, can be 
made. If at the beginning of the year there be no public funds in 
the township treasury, and the township refuses to vote a special 
tax, the trustees may make their contracts for instruction, and for 
other educational purposes, payable on the fourth Monday of the 
ensuing March. Or they may borrow money to the amount to 
which they reasonably suppose the township may be entitled at the 
next distribution. When all the public funds receivable into the 
township treasury for the year, from the annual State apportion- 
ment, and from special township tax, if any such tax be V(»)ted, shall 
have been expended, the schools can be continued no longer under 



. 58 

the authority of the township trustees. If individuals desire to 
unite by voluntary association to continue any school by rates of 
tuition, they can do so; but the school becomes merely a private 
concern, over which the township trustees have no control, and for 
which they are in no way responsible. They may unite in the 
enterprise with their neighbors, but only in their unofficial capacity. 

From the best data in our possession, we think the township 
trustees may rely on receiving annually, in the general distribution 
of school fund-^, from thirty to thirty-five dollars to every hundred 
inhabitants, according to the census of 1850. They can easily de- 
termine how long they can sustain their schools on this amount. 
They should then call a township meeting, and recommend a special 
tax on the property and polls of the township, sulficient to continue 
the schools as long as tke public interest demands. If the proposi- 
tion for tax be voted down, the trustees can do no more than use 
what funds they may receive in the general distribution. 

Seventh, *' Can a teacher, whose qualifications do not come up 
to the standard laid down in the law of 1853, draw any of the 
public funds, provided the school he contemplates teaching does 
not require a qualification farther than arithmetic, and the parents 
and guardians of pupils sent to such school sign a paper requesting 
the examiner to give him a certificate, and the trustees to hire him, 
and assign him to teach such school?" 

We give this question in full, as it involves several points. It 
will be readily conceded that the qualifications required of the 
candidate for license by the 9th section of the act of 1853, ought 
to be deemed indispensable. But it is well known that there is in 
some parts of the State a serious deficiency in the number of 
teachers. Were v/e to adhere in every case strictly to the letter 
of the law, many of our schools must remain for a time at least 
without teachers. The law therefore, in its spirit allows, in the 
sixth section of the act of 1853, the examiner to give a license for 
a short time, to meet the present emergency, to a person whose 
knowledge of the subjects specified in the ninth section may appear 
defective. The examiner should exercise his discretion in this 
matter. If he judge the supply of teachers in his county inade- 
quate to the demand, he may license among the best of those 
proposed, a sufficient number to meet the present demand. He 
should, however, limit the license to a short period, so as to stimu- 



59 

late the candidate to study and preparation for a re-examination. 
If this course be pursued, there will soon be supplied a sufficient 
number of well qualified teachers. 

No request need be made on this subject by parents and guardi- 
ans. The examiner must exercise his own discretion, and grant 
licenses on his own responsibility. The trustees must furnish the 
schools with the best teachers they can command. If the teacher 
fail to give satisfaction, on account of incompetence, immorality, 
or neglect of duty, the parents or guardians of the pupils attend- 
ing the school have a remedy by the 18th section of the law. 

Eighth. " How can schools already existing under private or 
denominational patronage become public schools under the general 
system?'* 

By making them free, and causing them to become parts of a 
graded system, adapted to the wants of the township, town, or 
city corporation in which they are located. 

Ninth. "May the school funds of any township be divided, 
and any part thereof appropriated to schools not under the control 
of the township trustees, and not forming a part of the general 
educational system of the township?" 

The law recognizes no authority to divide the funds. It makes 
each township one school corporation, irrespective of district lines. 
It places the control of the school funds, and the management of 
the educational affairs of the township, in the hands of the trustees. 
It gives them powder to establish in the township a uniform system 
of common schools of the same grade, or a thoroughly graded 
system, or any modification of the graded system, according as 
the best interest of the township may require. The township is 
recognized by the law as one community having a common interest 
in education, and each family having the right to send its children 
to any school it chooses. If there be in the township diversities 
of any character among the people, requiring modification in the 
schools, in order to render them as acceptable and as useful as 
possible, the trustees have full power, in the exercise of sound dis- 
cretion, to make all such modifications as are not inconsistent with 
the fundamental principles of our free school system. The trustees 
must be judges of the expediency of such modifications for their 
township, as the spirit of the general law allows. They are respon- 
sible to the people of their township, and to the law of the State. 



60 

Tenth. "Should the trustee?, in their management of school 
affairs, pursue a course oppressive, or objectionable, what remedy 
have the people?" 

Under the provisions of the 2lst section of the law, you may 
require them to call a meeting of the voters of the township, and 
in that meeting you may instruct your trustees as circumstances 
may require. 

Eleventh. "How shall we proceed in the organization of graded 
schools for our town ?" 

No general rule can be given. You must govern your action 
by the peculiar circumstances and wants of your community. In 
a large and populous town you will need three grades. In a small 
town, or a common township, two grades will be sufficient. Your 
scholars should be classified according to their acquirements, and 
hereafter advanced from one grade to another, as their proficiency 
may warrant. 

Twelfth. "May the German language be taught in common 
schools?" 

The township trustees have ample power to decide what 
branches of study shall be authorized in the schools of their town- 
ship. There is no provision of the school law preventing them 
from accommodating in the public schools, persons using the Ger- 
man language, or any other language. This is one of the local 
questions which the trustees of each township must decide for 
themselves, as may seem to them just and expedient. 

Thirteenth. "What shall be done in relation to the library fund 
in those <-ounties in which the library tax required by the 13Sth 
section of the law was not collected for the year 1852?" 

The auditors in those counties should place the whole tax re- 
quired for the two years lS52and 1853, on the duplicate for the year 
1853. In no other way can these counties be placed on an equality 
with the other counties of the State in relation to the library 
system. 

Fourteenth, " How shall we obtain copies of the school law, and 
the blanks necessary for conducting proceedings, and making our 
reports?" 

Call on your county auditor, to whom will be sent from this office, 
as soon as they can possibly be prepared, copies of the law for 
gratuitous distribution, and blanks for reports, in sufficient number 



61 

to supply, in every township, all persons who take an interest in 
common schools, and who have official duties to perform under the 
law. Township trustees and teachers will find, in the office of the 
auditor, all necessary blanks for making the reports required of 
them by law. 

Fifteenth. "Shall we have, to aid us in our duties, and to en- 
courage us in our enterprise, an educational periodical?'* 

It is the intention, strengthened by every day's experience, to 
establish, as soon as circumstances will allow, by personal enter- 
prise, aided by friends, a weekly or semi-m nthly journal, to be 
devoted to matters connected with education, literature and general 
intelligence. We need not, in this State, a "Teachers' Journal," 
so much as a paper for the people and their children, to occupy a 
field left vacant by the political and religious papers of the State. 
It is fully believed that a periodical to be afforded ai one dollar a 
year, and to be the repository of information connected with edu- 
cation in the widest sense of that term, in a style readable, and in 
a form convenient for preservation and binding, would be liberally 
sustained, and exceedingly useful. The pressure of business on the 
office of the Superintendent during the first year of the organization 
of the department of Public Instruction, under a system entirely 
new, and by a law with which the people are as yet but slightly 
aqcuaintcd, renders it expedient to defer the commencement of the 
enterprise until autumn, '>r perhaps till winter. But when the 
proper season arrives, the periodical will appear, in a convenient 
form, and under an appropriate name. 

Sixteeiith. "Our township has voted a tax for building six new 
school houses. Will you send us plans and diagrams for their con- 
st juction and internal arrangement?" 

The building of school houses is one of the most important enter- 
prises in our whole common school system. There are indications, 
if we may judge correctly from the numerous letters received at 
this office on the subject, that during the next two or three years 
a very large number of school houses will be erected in every part 
of the State. To aid in the proper co struction, it was intended 
to present in this edition of the law some simple and convenient 
plans. Bat the urgency of the demand for the immediate disti'ibu- 
tion of the school law, with its explanations, in order that the 
township trustees, elected on the first Monday of April, might 



62 

enter at once with confidence into the school enterprise, rendered 
it inexpedient to wait for the preparation of plans for school 
houses. We will, however, as soon as the duties of the office will 
allow, prepare (for gratuitous distribution among the people,) a 
brief tract on school houses, with a series of convenient plans. 



So numerous and pressing have been, since the close of the late 
session of the Legislature, the calls on this office for information 
respecting the school law, its amendments and its interpretation, 
that this edition has been prepared with the utmost r ossible despatch. 
There may therefore exist some imperfections, which more time and 
more mature thought may remedy. Whatever errors may be 
detected, will be cheerfully corrected ; whatever imperfections may 
appear, will be remedied, and whatever omissions may be observed, 
will be supplied in a future edition, to be issued whenever the public 
interest shall require. 

W. C. LARRABEE. 

Indianapolis, May 1, 1S53. 



^ 



INDEX 



Accounts, to be kept by'county treasurer Paob, 

" Jorm of ' •••• •^ 

. '•' ^i::^Z!;l^:,Xi~i^r'' '"-'-''■■''Vcou.Vtvcom^uiio,^^:;::;;: tl 

.A nsw-rs to questions '9 

Appeal^i "[ 55 

Ass.'ssiner.t of general school tax.. ............ ...,'.'.'//,]][ ,' "^ 

'• of special township i,a.v '.'.'.'.' .'.*.'*','.'.*.'.' ' ' a" U A 

of library tax fi, 9, i:0 

Attorneys, prosecutine:, duty of 21 

Aiiditcr cf State, duty ol '..*..'..*,.'.*. '^^ 

•' of counties, duty of ".' o' *,'^" 13, 21 

Board of touMiship trustees ;;;::;;;:;;;;;;;:;;;;::;;. ^' m, £0,21,44 

ol education, of whom to consist ".'..*.'...'.'.".'.' o^ 

,,", , " dutitsof i4"i- c\ 

jbond of township treas^urcr, required '.'.*.'.".',*.'.'.*.'.".'.'.'.'. J4, Ja, ^1 

. . " ■' '• lorm of Ji 

.Citiep, shall form school corporajions ;^ 

,Clfrk cit township, duties of '" 

.Clerk cf coujity commisrioner?, dutyof ...V. ^'' ^^ 

.Counties, liable for preservation of school fund'..!!'.".".*.". "f. 

it/ounty auditor, duties of. " 

" commissioners, duties of.'.'.".'.*,...!!!! !!!!!!!!! ' ^* 

" treasurers, duties of '^^ 

I)eht8 cf school districts provided for !!*! '^^ 

jDebts unsafe, maybe compuunJed !!!!! ~^ 

Duties cf township trustees -'^ 

.Uuiiee of township clerk .!*...!.!!.!.!.!.!*.!. '. '^ 

*' treasurer ^2 

" teachers .!...!.....................!!! ^" 

'• county commissioners *.*.!!*.*.!!*.*.!!'..!*'.',!!'.'/.! 1^ 

" school e.va miners .*'..'."! 1^ 

■*• prosecuting attorneys !!!.!!!.*!!! !!!!.!!!!!!!!!!!!!!! !!!!!*! i\ 

44 



county auditors. 



county treasurers. 



Education, board of !!!!!!!!!!!!! ^"^ 

linunjeration of children '..'.!*.".'....'.."..'. V ^ 

Free schools '» -=3 

Forni of treasurer's bond..'.!!!".".* !'.'.!!'.'.!!'.!! !*.! !!'.".! ■,*!!*.■"/.']■//_;;■';;■/;■ "^ 'jl 

'* account **.*! J!i 

township orders ]" 

Form of notice for township meeting !!'.!!! IZ 

nquisition for township meeting ,*!.'.*.' lo 

report of trustees at ihe annual meeting .!.!!!'!!!',!! ^^ 



repoit of estimates. 



general report. 



census of children 



teachers !...!!.'.!!.*.!!!. r^ 

*• of school register !!...!!!.!!!.!!!.!!!.!,!!! i^ 

*• cf teachers' license !..*.!!.'.!!.'..'!.'.!.' ti 

*' of examiners' report !*.!!!!*.!!'..!!'.!!!.!!! no 

" cf C( untv commissioners' report !! !!! ^- 

♦■"Jradcd scho<.ls may be established ''n 

Investment «,f school funds ' " 

Libraries provided f.-r .' oi oo 

Licen.-es of teachers 'of 

form of !".'.!!'.'.!!".*.!! "4 

Lands, school, custody and sale of \'f. f' 

Loaios of school funds !,,• 1^ 

IV. 14 



64 

Paok. 

Meeting of township, form of notice of 48 

call for 48 

Ko*cs and explanations 26 

Orders of trustees, form of 47 

Penalty of trustees for neglect of duty 9 

Question?!, answers to 55 

Register of schools form of 53 

Regi.-^ter of oiders, form of 48 

Kesulations fur loaning school funds 10, 14 

Rents, by whom collected 6 

Kepi.r't on the amendatory school law 24 

Reports of teachers 7 

hepoits of irustees 7 

Rei.Jorts of county commissioners 13 

Reports of examiners 24 

Report-^, forms therefor 49 

bciiool commissi' mers to make settlement 20 

'• funds consdUdated 6 

»» " distribution of 0, 10 

«' *' investment of 10,14 

•' houses, provision for building. removing, repairs, furniture and fuel G, 7 

4» •' provision for selling i'4 

" lands, custody and control thereof IG, 19 

«• law amended 24 

*• system, summary view of 28 

" may be graded 8 

" niUbtbefree 21 

«' niusl be convenieritly located 6 

•' njust be visited 6, 7 

Fuits may be brou-zht against trustees 9 

" ' may be brouglit against townships 19 

i. '" " in behalf of townships 20 

Puperintendf^nt of Public InsLruction, powers and duties of 8, D, 10, 14, 15, 24 

ThXCS, general 5 

Taxes, special, levied by vote of township 8, 20 

Taxes.' special, levied by city officers 10 

Taxes'of transferred persons 8. 9 

Taxes for libraries 21 

Teachers, qualifications of. 20, 24 

»' by whom employed 5 

•» niay be dismissed for cause 8 

" reports rrquired fiom 7 

'• license ol 24 

" summary < f duties of 42 

" f.,rm of repoit of 52 

»' " r gisier lo be kept by 52 

To ^ns incorporated, shall form independent school corporations 10 

Townships form school corporations 6 

'i GWiislups niust hold annua! meetings 7 

Townships may hold special meetings 8 

Townships niay vote special tax 8, 20 

Tv)wnsh!p cler:<, duties of C, 42 

Township officers, accounts thereof may be inspected 19 

Township tax may he voted 8, 20 

Township treasurer, duties of 42 

Tuwuship trustees, duties of 29 

'I'ransfcrs, may be m.ide irom one township to another 7 

Treasurers uf counties, duty of 44 

Treasurers of townsliips, bond of 6 

I. •' '• duty of 42 

Tru tees of civil townships to be trustees for school purposes 6 

" to take ctiarge of schoo's 6 

•' lo have care of school houses <J 

'• to have charge of township libraries . 22 

«• lo make a'lnual rrport. . tj 

" lo present plans a' id estimates fur school houses G 

•' to make enumeration of children 7 

" to make transfers of fan)iries for jchool purposes 7 

•' lo require rep(»rts from teachers 7. 23 

«' lo visit schools 6, 7 

•' to dismiss teachers for cause 8 

" to cnnvenienily locate schools G 

to estrth'ish graded schools 8 

" to call special township meetings 8 

" to file certain information with the conn y auditor 8 

•' lo appniise lands offered in mortgage 11 

to hav charsc of sch jol lands IG, 19 

" to i-ell schooi houses 24 

" suniinavy slaiement of duties of 59 



LIBRARY OF CONGRESS 



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